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2019 DIGILAW 628 (RAJ)

Ajay Singh Parmar v. State of Rajasthan

2019-02-21

ALOK SHARMA

body2019
JUDGMENT 1. Counsel for the petitioners seeks permission to withdraw the writ petition qua the petitioner No. 1Ajay Singh Parmar. 2. The writ petition is dismissed as withdrawn qua the petitioner No. 1Ajay Singh Parmar. 3. So far as the writ petition filed by petitioner Nos. 2 to 5 is concerned, their case is that they 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, were called for the Physical Standard Test (PST) and thereafter required to participate in the Physical Efficiency Test (PET) on 9.9.2018 and 11.9.2018 respectively at Maharao Ummed Singh Stadium, Kota which entailed running 5 kms within the prescribed time. The petitioners submit that at the time the PET under the Rules of 1989 was conducted on 9.9.2018 and 11.9.2018 respectively at Kota, the running track was muddied for reason of heavy rains which resulted in obstructing the petitioners performance up-to their potential. It has been submitted that the petitioners should in the circumstances be given another opportunity as given to several candidates, who failed the PET at Kota held on 7/8/9/10/11/13.9.2018 at Kota in the course of recruitment of Constables under the advertisement dated 25.5.2018, vide judgment dated 13.2.2019 passed in the case of Ashok Kumar Choudhary v. The State of Rajasthan & Others SBCWP No. 933/2019. 4. Heard. Considered. 5. This Court in the case of Ashok Kumar Choudhary Versus The State of Rajasthan & Ors. (supra) on the basis of judgments passed by the Principal Seat of this Court in the case of Revant Ram Meghwal and others v. State of Rajasthan & Others (SBCWP No. 13731/2018), and in the case of Ravi Kumar Khateek v. The State of Rajasthan & Others (D.B.S.A.W. No. 1907/2018) has taken the view that PET under the Rajasthan Police Subordinate Service Rules, 1989 for recruitment of Constables on 29.8.2018 at Jaipur and on 7/8/9/10/11/13.9.2018 at Kota was vitiated for reason of running track for the PET on the said dates was unsuitable resulting from it being swampy and muddy for reasons of heavy overnight rains and such candidates were entitled to a fresh chance at the PET. 6. In this view of the matter the case of petitioner Nos. 6. In this view of the matter the case of petitioner Nos. 2 to 5 is squarely covered by the judgment passed by this Court in the case of Ashok Kumar Choudhary Versus State of Rajasthan & Ors. (supra). Hence, the writ petition filed by them stands disposed of in terms of the judgment dated 13.2.2019 passed in the case of Ashok Kumar Choudhary Versus State of Rajasthan & Ors. (supra). The observation/ direction therein shall apply mutatis mutandis to the case of the petitioner Nos. 2 to 5.