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2021 DIGILAW 1348 (RAJ)

Rajesh Gurjar v. State of Rajasthan

2021-08-05

INDERJEET SINGH

body2021
JUDGMENT : Inderjeet Singh, J. 1. Instant writ petition has been filed by the petitioner with the following prayers:- "It is therefore, most respectfully prayed that this Hon'ble court may very graciously be pleased to accept and allow this writ petition and further be pleased to: (i) Issue an appropriate writ order or direction in the nature thereof thereby direct the respondents to give appointment to the petitioner on the post of Constable (D) with all consequential benefits, because the petitioner possesses physical standard measurement as per prescribed rules. (ii) Issue an appropriate writ order or direction in the nature thereof thereby, the action of the respondents whereby they declared fail the petitioner in physical test be declared illegal and same be quashed and set aside. (iii) Issue an appropriate writ order or direction in the nature thereof thereby, direct the respondents to call the petitioner for fresh Physical Examination and his height/chest measurement may kindly be made properly through qualified doctors at SMS Hospital at Jaipur or AIMS Hospital at Jodhpur. (iv) Issue an appropriate writ order or direction in the nature thereof thereby, the respondents may kindly be directed to call the petitioner for Medical Examination for the post of Constable (D), because the petitioner possesses the requisite and prescribed height/chest. (v) Issue an appropriate writ order or direction in the nature thereof thereby, the action of the respondents may kindly be declared illegal by which they have wrongly measured the height/chest of the petitioner. (vi) Pass any other appropriate order which this Hon'ble Court may deem fit, just and proper in the facts and circumstances of the case in favour of the petitioner. (vi) Cost of the writ petition be also awarded in favour of the petitioner." 2. Brief facts of the case are that the petitioner participated in the selection process for appointment on the post of Constable (D) in pursuance to the advertisement dated 25.05.2018 and after having been declared successful in the written examination, the petitioner was called for physical efficiency test. However, the respondents denied the appointment on the ground that height of the petitioner is less than the required i.e. 168 cm and chest is less than the required i.e. Normal 81 cm & Expanded 86 cm. Being aggrieved by non-selection of his candidature on the post of Constable (D), the petitioner has filed the present writ petition. 3. However, the respondents denied the appointment on the ground that height of the petitioner is less than the required i.e. 168 cm and chest is less than the required i.e. Normal 81 cm & Expanded 86 cm. Being aggrieved by non-selection of his candidature on the post of Constable (D), the petitioner has filed the present writ petition. 3. This Court on 24.10.2018, passed the following order:- "Issue notice to the respondent(s). Counsel for the petitioner may supply a copy of the writ petition in the office of Sh. G.S. Gill, AAG during course of the day. List this matter again on 12.11.2018 alongwith CW No. 21784/218. Meanwhile, the Superintendent, SMS Medical College, Jaipur is directed to take the measurement of the height as well as chest of the petitioner by a Medical Board and submit the report of the Medical Board to this court. The petitioner is directed to appear before the Superintendent SMS Medical College along with copy of this order on 05.11.2018. Counsel for the respondent may send their representative on 5.11.2018 before the Superintendent SMS, Medical College if they so desire." 4. Again, the matter was listed on 10.07.2019 and this Court passed the following order:- "Vide order dated 24.10.2018, this Court while issuing notice on the petition directed that a copy of the petition be furnished on the then AAG Mr. G.S. Gill and required that in the meantime the Superintendent, SMS Medical College should constitute a medical board for height and chest measurement of the petitioner. The medical board's report was to be submitted to the Court. Pursuant to the court's order dated 24.10.2018, the petitioner was examined by the medical board of three doctors for the measurement on his height and chest. A copy of the medical board's report has now been forwarded to this Court and it shows that the petitioner's chest when normal is 91 Cms. and when expanded 96 Cms. His height is 171.5 Cms. The petitioner thus appears to have the requisite physical standards under the Rajasthan Police Subordinate Service Rules, 1989 for being further considered for appointment on the post of Constable but was rejected at the physical standard test at the time of recruitment. Mr. Harshal Tholia submits that reply of the petition has been filed. It is however not on the court's file. Registry is directed to place it on the court file. Mr. Harshal Tholia submits that reply of the petition has been filed. It is however not on the court's file. Registry is directed to place it on the court file. Be as it may, the original medical report dated 5.11.2018 prepared by the Medical Board on the petitioner's physical examination as directed by this Court under its order dated 24.10.2018 be handed over to Mr. Harshal Tholia and a photostat copy thereof be retained on the court's file. Put up on 20.7.2019, as prayed." 5. Counsel for the petitioner submits that the respondents have wrongly rejected the candidature of the petitioner on the ground of his height as less than 168 cm and chest as less than Normal 81 cm & Expanded 86 cm, whereas in compliance of the order passed by this Court dated 24.10.2018, the petitioner again appeared before the Medical Board and the Medical Board submitted its report to this Court on 05.11.2018, wherein opinion of the Medical Board is as under:- "Opinion of medical board:- Medical Board members physically examined about height and Chest Measurement today at 11:15 AM and found his:- Height 171.5 centimeter. (One hundred seventy one Point Five CM) Chest Measurement is:- Normal 91 centimeter (Ninety one cm) Expanded 96 centimeter (Ninety six cm)" 6. Counsel further submits that as per the opinion of the Medical Board dated 05.11.2018 height of the petitioner comes to 171.5 cm and chest comes to 'Normal 91 cm & Expanded 96 cm' as required under the Rules for appointment on the post of Constable (D), therefore, rejection of his candidature is arbitrary in nature and prayed for directing the respondents to consider case of the petitioner for appointment on the post of Constable (D). 7. Counsel appearing for the respondents submitted that in physical efficiency test conducted by the respondents, the height of the petitioner was found less than 168 cm and chest of the petitioner less than 'Normal 81 cm & Expanded 86 cm and prayed for dismissal of the writ petition. 8. Heard counsel for the parties and perused the record. 9. 7. Counsel appearing for the respondents submitted that in physical efficiency test conducted by the respondents, the height of the petitioner was found less than 168 cm and chest of the petitioner less than 'Normal 81 cm & Expanded 86 cm and prayed for dismissal of the writ petition. 8. Heard counsel for the parties and perused the record. 9. This writ petition filed by the petitioner deserves to be allowed, for the reasons; firstly, in pursuance to the order passed by this Court dated 24.10.2018, the Medical Board of SMS, Hospital, Jaipur measured height & chest of the petitioner and as per the Medical Board's opinion dated 05.11.2018 the height of the petitioner comes to 171.5 cm and chest comes to 'Normal 91 cm & Expanded 96 cm' which is as per the Rules for appointment on the post of Constable (D), secondly; in my considered view opinion of the Medical Board is an independent opinion, therefore, petitioner is entitled for appointment on the post of Constable (D), lastly, action of the respondents denying appointment to the petitioner on the post of Constable (D) on the basis of lesser height & chest is arbitrary and the same deserves to be quashed. 10. In that view of the matter, the writ petition filed by the petitioner is allowed, the respondents are directed to consider the case of the petitioner for appointment on the post of Constable (D) as per his merit and category within a period of two months and the petitioner is entitled for all notional benefits. 11. All the pending applications stand disposed of.