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2019 DIGILAW 574 (RAJ)

Ishwar Prasad Meena v. State of Rajasthan

2019-02-18

ALOK SHARMA

body2019
JUDGMENT Alok Sharma, J. - The case of the petitioner is that he having passed the written examination for appointment to the post of Constable under the Rajasthan Police Subordinate Service Rules, 1989 (hereafter the Rules of 1989) held pursuant to the advertisement dated 25.5.2018, was called for the Physical Standard Test (PST) and thereafter required to participate in the Physical Efficiency Test (PET) on 07.09.2018 at Jail Training Institute, Ajmer which entailed running 5 kms within the prescribed time. The petitioner submits that at the time the PET under the Rules of 1989 was conducted on 07.09.2018 at Jaipur, the running track was muddied for reason of heavy rains which resulted in obstructing the petitioners performance up-to his potential and his resultant failure. It has been submitted that the petitioner should in the circumstances be given another opportunity as given to several candidates, who failed the PET at Kota also in the course of recruitment of Constables under the advertisement dated 25.5.2018 on 8/9/10 September, 2018, vide order dated 27.11.2018 passed by the Principal seat of this Court at Jodhpur in the case of Revant Ram Meghwal & Others v. State of Rajasthan & Others and other connected matters, SBCWP No. 13731/2018. 2. Counsel for the petitioner does not appear for the reason that Advocates are boycotting the courts work. Neither the petitioner nor anyone on his behalf appears in the court. I perused the petition. 3. Admittedly the petitioners PET was held on 07.09.2018 at Ajmer. This petition has been filed on 12.02.2019 after an inordinate and unexplained delay of about five months and four days. There is nothing on record to show that any grievance as now agitated in this petition was set forth by the petitioner at the relevant time. Further the condition of the running track at the stadium in issue at the time relevant to PET is a question of fact which this Court would loath to address more so belatedly at this stage when the selection process has been largely completed and those appointed after success in the recruitment undergoing training for over the last four months. The issue with regard to the condition of track in the course of PET for recruitment of Constable in other Districts and Courts order thereon is of no event for the purpose of PET at Ajmer on 07.09.2018. The issue with regard to the condition of track in the course of PET for recruitment of Constable in other Districts and Courts order thereon is of no event for the purpose of PET at Ajmer on 07.09.2018. There is nothing on record to even prima facie justify the petitioners allegation, such as weather report with regard to alleged heavy rains at Ajmer on 07.09.2018. So too there is also nothing on record to establish that the running conditions of track at Ajmer on 07.09.2018 when the petitioners PET was held, was not suitable for the test being held. Contrarily the presumption under Section 114 of the Evidence Act, 1872 as to regularity of official acts obtains against the petitioner. 4. In view of the overall facts of the case, I am inclined to dismiss this petition both for reasons recorded above. Wherefrom neither any of the petitioners legal or fundamental rights appear to have been infringed nor any case of arbitrariness of respondents made out. 5. Petition is accordingly dismissed.