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2019 DIGILAW 613 (RAJ)

Oma Ram v. State of Rajasthan

2019-02-20

DINESH MEHTA, SANGEET LODHA

body2019
JUDGMENT 1. By way of the present intra-court appeal, the appellant has assailed the order dated 7.1.2019 passed by the learned Single Judge dismissing his writ petition. 2. The facts relevant for the present appeal are that the appellant appeared in the selection process for the post of Constable pursuant to the advertisement dated 25.5.2018. After clearing the written examination, the appellant was to undertake Physical Standard Test/Physical Efficiency Test (PST/PET), however, his admit card was allegedly not uploaded timely on the official website of the respondents. According to the appellant such belated uploading of the e-admit cards has prejudiced his chance of faring well in the physical efficiency test. 3. It is the admitted case of the appellant that the appellant had downloaded his admit card on 4.9.2018 at 8-25-48 hrs and was required to report for the aforesaid PST/PET Test at Maharana Bhupal Stadium, Chetak Circle, Near Pahari Bus Stand, Udaipur on 6.9.2018 at 6.00 am in the morning. 4. The learned Single Judge dismissed the appellants writ petition, inter alia, observing that though he had participated in the PET Test, but failed. It was also observed by the learned Single Judge that though the writ petition was presented before the Court on 12.10.2018, but the petitioner chose not to take any interest for removal of the defects pointed out by the office. Thus, holding that much time has already expired since the PET Test were held and that as submitted by the counsel appearing for the State, the recruitment process is already over and no seat is lying vacant, learned single judge proceeded to dismiss the writ petition preferred by the appellant. 5. Having heard learned counsel for the parties and upon perusal of material on record, we are of the considered opinion that learned Single Judge has committed no error of law in dismissing the appellants writ petition vide order under challenge. 6. In wake of the undisputed facts that the appellant had downloaded the admit card on 4.9.2018, at 08-25-48 hrs, it cannot be said that it was uploaded belatedly. The appellant thus cannot claim that he did not have sufficient time to participate in the PET/PST, which was held on 6.9.2018 at Udaipur. 7. 6. In wake of the undisputed facts that the appellant had downloaded the admit card on 4.9.2018, at 08-25-48 hrs, it cannot be said that it was uploaded belatedly. The appellant thus cannot claim that he did not have sufficient time to participate in the PET/PST, which was held on 6.9.2018 at Udaipur. 7. The appellant hails from Jodhpur, which is about 250 kms from Udaipur and as such, his plea of not having sufficient time is a lame excuse, particularly when, he had participated in the test and failed. 8. We find that the admit card had been uploaded in time for the PST/PET scheduled on 4.9.2018. Hence, the respondents can neither be held wanting in promptness nor can they be held slack in any manner. The appellant had at least two days time to reach at the centre and undertake the requisite test, even after he had downloaded the admit card. 9. As a result, the intra-court appeal is dismissed.