ORDER : 1. The brief facts of the case are that the respondent- Office of Director General of Police, Rajasthan, Jaipur issued an advertisement dated 25.05.2018, inviting online application forms from the eligible candidates for recruitment to the posts of Constable General/Operator/Band/Driver/Horse Rider & Dog Squad etc. The petitioner being eligible candidate submitted his online application form. He belongs to Scheduled Tribe Category. He appeared in the written examination and was declared successful. He was called for the Physical Efficiency Test and Physical Standard Test (in short ‘PET/PST Test) on a given date. He appeared for the PET/PST Test on the scheduled date and was declared passed. 2. It is the case of the petitioner that even though he was declared passed in PET/PST Test and secured marks higher than the cut off marks in his category but he has not been given appointment because of the reason that he is not having the requisite height. 3. The petitioner aggrieved with illegal actions of the respondents in not measuring his proper height, preferred a writ petition bearing S.B. Civil Writ Petition No.26918/2018. The Coordinate Bench of this Court vide order dated 18.1.2019 directed the Superintendent, SMS Medical College & Hospital, Jaipur to constitute a three member medical board on or before 21.1.2019. The Court further directed that the said Medical Board shall then physically examine the petitioner on his height parameters on 22.1.2019. The petitioner was directed to report for the purpose to the Superintendent, SMS Medical College & Hospital, Jaipur on 22.1.2019 at 10:00 AM. The Court directed the Medical Board to submit the report before the Court on or before 24.01.2019. In compliance of the directions issued by the Court, the height of the petitioner was measured which was found to 168.5 cm by the Medical Board. The Coordinate Bench of this Court vide order dated 23.05.2022 allowed the aforementioned writ petition and the respondents were directed to consider the case of the petitioner for appointment on the post of Constable General Non TSP as per his merit and category within a period of three months and further observed that the petitioner will be entitled for all notional benefits. 4. It is further the case of the petitioner that earlier he sought information under the Right of Information Act, 2005 seeking information that whey he has been deprived for selection. 4. It is further the case of the petitioner that earlier he sought information under the Right of Information Act, 2005 seeking information that whey he has been deprived for selection. By way of letter dated 17.10.2019, it was informed to the petitioner that he has already taken relaxation in the height/chest process under ST Category, therefore, he cannot be selected. The petitioner aggrieved with the above action of the respondents has preferred instant writ petition before this Court praying therein to direct the respondents to give appointment to him on the post of Constable General Non TSP with all consequential benefits and also prayed to issue directions to the respondents to call the petitioner for fresh Physical Examination and also prayed to make his Chest Measurement through qualified doctors of SMS Hospital, Jaipur or AIIMS Hospital at Jodhpur. 5. The Coordinate Bench of this Court on 16.12.2022 passed an interim order by which the respondents were directed to move an application before the SMS Hospital, Jaipur for constituting a Medical Board of three doctors, along-with copy of this order and would inform the petitioner to appear before the Medical Board for his Physical Efficiency Test, more particularly in respect of measurement of his chest. 6. The Coordinate Bench of this Court vide order dated 04.01.2024 after taking into consideration the report of the Medical Board has directed the respondents to file an additional affidavit why the petitioner should not be treated as successful in the physical test on the basis of report given by the Medical Board. 7. In compliance of the order dated 04.01.2024, an additional affidavit has been filed by one Mr. Dharmendra Dukiya, OIC, working as Dy.S.P. SC/ST Cell, Jaisalmer. 8. Counsel for the petitioner submits that chest expansion of the petitioner has wrongly been measured by the respondents during the measurement examination, though he has required chest expansion as per the standards mentioned in the advertisement dated 25.05.2018 i.e. he has chest expansion 89-96 cm. However, he has been declared passed in PET/PST Test in view of the relaxation as mentioned in Note 1 of sub-clause Viii of Clause 8 of the said advertisement. It is further contended that Sub-clause (i) of Clause 11 of the said advertisement provides that in case the candidate is aggrieved by the physical examination, he can file an appeal alongwith the requisite fee of Rs.500/- for re-examination. It is further contended that Sub-clause (i) of Clause 11 of the said advertisement provides that in case the candidate is aggrieved by the physical examination, he can file an appeal alongwith the requisite fee of Rs.500/- for re-examination. It is also provided that in case during the re-examination the candidate is declared successful as per the physical standard, the fee deposited by him is refundable. It is further contended that since the petitioner was declared successful in PET/PST Test without mentioning in the result-sheet that he has been declared successful with relaxation, he was having no occasion to file an appeal and if the respondents would have mentioned in the result-sheet that the petitioner has been declared successful on the basis of relaxation, certainly he would have submitted an appeal. The respondents incorrectly measured his chest. The petitioner has been deprived of his opportunity of filing an appeal and re-medical examination and ultimately he has been denied the appointment, though he possesses the requisite chest expansion and also stands in merit. 9. Counsel for the respondents submits that in compliance of the directions of this Court dated 04.01.2024, an additional affidavit was filed by the respondents. Counsel further submits that earlier the chest measurement of the petitioner was done on 08.09.2018 and his chest has been again measured on 21.01.2023, after a lapse of about four and a half year. The chest measurement of a candidate can be increased in such a long period by exercising and taking good diet. 10. Considered the submissions made by counsel for the petitioner as well as the counsel for the respondents and also perused the material available on record. 11. This Court in the case of Karan Singh vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition No.15/2019) decided by this Court on 26.02.2024 alongwith connected petitions, has observed as under:- “The respondents by issuing an advertisement dated 25.05.2018, invited applications forms from the eligible candidates for participating in the recruitment process of 2018 on the Posts of Constable General/Operators/Drivers/Horse Riders/Dog Squad. The petitioner who belongs to ST Category having all requisite qualifications, submitted his online application form and participated in the recruitment process. The petitioner appeared in the written examination and on being successful in the written examination, he was allowed to participate in the PET/PST Test conducted by the respondents. The petitioner who belongs to ST Category having all requisite qualifications, submitted his online application form and participated in the recruitment process. The petitioner appeared in the written examination and on being successful in the written examination, he was allowed to participate in the PET/PST Test conducted by the respondents. The required Physical Standard Test for recruitment to the Post of Constable is mentioned in sub-clause VIII of Clause 8 of the said advertisement, which is quoted as under:- “(Viii) 'kkjhfjd ekin.M +& jktLFkku iqfyl v/khuLFk lsok fu;e 1989 ds fu;e&14 ds vuqlkj vH;fFkZ;ksa dh ÅapkbZ lhus dk eki ,oa otu fuEukuqlkj gksuk vfuok;Z gS%& ekin.M LkkekU; {ks= ckjka ftys ds lgfj;k vkfnokfl;ksa ds fy, ekin.M iq:"k Ekfgyk iq:"k Ekfgyk U;wure ÅpkbZ 168 ls-eh 152 ls-eh 160 ls-eh 145 ls-eh lhuk ¼dsoy iq:"kksa ds fy,½ fcuk Qqyk,s&81 lseh- Qqykus ij&86 ls-eh- ¼lhus dk Qqyko de ls de 5 ls-eh-½ Ykkxw ugh fcuk Qqyk,s&74 lseh- Qqykus ij&79 ls-eh- ¼lhus dk Qqyko de ls de 5 ls-eh-½ Ykkxw ugh otu ¼dsoy efgykvksa ds fy, Ykkxw ugha 47-5 fd-xzk Ykkxw ugh 43 fd-xzk uksV& 1- ;fn lkekU; {ks= ds fy, mijksDr of.kZr 'kkjhfjd ekin.Mksa ds vuqlkj vuqlwfpr tkfr@vuqlwfpr tutkfr ds vH;FkhZ miyC/k ugha gksrs gSa rks mUgsa ÅapkbZ o lhus esa 5 ls-eh- dh NwV ns; gksxhA 2- igkMh ,oa vkfnoklh {ks= ds vH;fFkZ;ksa ds fy, fu;e&14¼2½ jktLFkku iqfyl v/khuLFk lsok fu;e 1989 ds vUrxZr ekin.M gksaxsA (ix) fpfdRldh; ekin.M ¼1½ vH;FkhZ dh nksuksa vka[kksa dh n`f"V 6X6 fcuk p'es ds gksuk vfuok;Z gSA ¼2½ vH;FkhZ ekufld :i ls tkx:d] lqn`< LokLF; okyk ,oa lHkh 'kkjhfjd fodkjksa] nks"kksa] jksxksa ls eqDr gksuk pkfg,A vH;FkhZ ekufld :x.krk ls xzLr ugha gksuk pkfg,A ¼3½ vH;FkhZ ds ?kqVus vkil esa Vdjkus (knock-knee), ulsa Qwyh gqbZ gksuk (varicose veins), HkSaxkiu (squint), jrkSa/kh (night blindness), jax n`f"V nks"k (colour blindness), gdykdj cksyuk (stammering), iSj (flat foot), lery ;k vU; dksbZ fod`fr tks drZO; ikyu esa ck/kd gks (any other deformity) ugha gksuh pkfg,A^^ After having been participated in the PET/PST Test, the petitioner was declared successful in the test, however, he was not accorded appointment by the respondents on the ground that he was declared successful in PET/PST Test on the basis of relaxation being provided to the ST candidate as provided under Note 1 of sub-clause VIII of Clause 8 of the advertisement. Sub-clause 1 of Clause 11 of the said advertisement provides for an appeal by a candidate aggrieved by the physical measurement conducted by the respondents on submitting requisite fee of Rs.500/- on the very same day of his physical standard examination. On filing of such an appeal, the re-examination of the candidates is conducted. Sub-clause 1 of Clause 11 of the advertisement is quoted as under:- ß'kkjhfjd ekiÙkkSy (Physical Standard Test/PST)- lEcfU/kr ftyk@;wfuV@cVkfy;u dh inokj@oxZokj@efgyk@iq:"k fjfDr;ksa ds ikap xq.kk vH;fFkZ;ksa ¼cS.M in ds leLr vH;FkhZ½ dks 'kkjhfjd eki&rkSy ¼ih,lVh½ gsrq cqyk;k tk,xkA fu;ekuqlkj xfBr HkÙkhZ cksMZ }kjk 'kkjhfjd eki&rkSy esa ;ksX; ik,s x;s vH;fFkZ;ksa dh 'kkjhfjd n{krk ijh{kk vk;ksftr dh tkosxhA HkrhZ cksMZ ¼ih,lVh½ esa mifLFkr leLr vH;fFkZ;ksa dks muds ekirkSy ls voxr djk;sxkA [ksy dksVs ds vH;fFkZ;ksa dks egkfuns'kd iqfyl }kjk i`Fkd ls xfBr [ksy HkrhZ cksMZ }kjk 'kkjhfjd ekirkSy ds fy, vyx ls cqyk;k tk;sxkA vihy&'kkjhfjd ekirkSy esa vlQy jgs vlUrq"V vH;FkhZ HkrhZ cksMZ ds le{k fu/kkZfjr izfØ;kuqlkj udn :i;s 500&@'kqYd tek djkdj mlh fnu vihy dj ldrk gSA ijh{kkFkhZ ;fn vihy ij 'kkjhfjd ekirkSy esa lQy jgrk gS rks mlls fy;k x;k 'kqYd okil djrs gq, mls p;u izfØ;k esa 'kkfey fd;k tkosxkA vlQy jgus dh fLFkfr esa ;g 'kqYd okil ugha fd;k tkosxkA vihy dh fØ;kfUofr ds fy, HkrhZ cksMZ ds lkFk ,d jktdh; fpfdRld jgsxk] vihy mlh fnu iw.kZ dh tkosxhA uksV& vihy ds lEcU/k esa HkrhZ cksMZ }kjk fy;k x;k fu.kZ; vfUre gksxkAÞ Since the petitioner was declared successful in PET/PST Test without mentioning in the result-sheet that he has been declared successful on the basis of relaxation provided for the ST Category candidates, there was no occasion for him to file an appeal. If the respondents would have mentioned in the result -sheet that the petitioner has been declared successful in the PET/PST Test on the basis of relaxation as allowed to the ST candidates, he would have also filed an appeal because he submits that he fulfills the required physical standard without any relaxation and the respondents have incorrectly measured his height and chest expansion. It has also been brought to the notice of the Court that in the recent physical standard examination, the respondents have adopted the practice of mentioning that a candidate is declared passed in the PET/PST Test on the basis of relaxation or not. It has also been brought to the notice of the Court that in the recent physical standard examination, the respondents have adopted the practice of mentioning that a candidate is declared passed in the PET/PST Test on the basis of relaxation or not. The respondents have to clarify those candidates who are being declared successful in the PET/PST Test on the basis of relaxation or without relaxation and if, any candidate is declared successful with relaxation and he is aggrieved, he may prefer an appeal, meaning-thereby, the respondents themselves have realized this that the candidates who are declared successful in PET/PST Test on the basis of relaxation without there being any such mentioning in the result-sheet, they are deprived of their opportunity of appeal and for that the respondents have adopted this new method of declaring the result of PET/PST Test by mentioning that a candidate belonging to SC/ST Category declared passed on the basis of relaxation or without relaxation. On consideration of over all facts as stated above, this Court finds that a candidate of ST Category, though has been declared passed in PET/PST Test but with relaxation, is not considered for appointment until and unless all those candidates of ST Category are given appointment who have been declared pass in PET/PST Test without any relaxation even in case they are lower in merit to the candidates who have been declared successful in PET/PST Test on the basis of relaxation. This Court feels that declaring a candidate of ST Category passed in PET/PST Test without mentioning this fact that he has been passed on the basis of relaxation certainly deprives that candidate from submitting his appeal as provided under the recruitment process. In such circumstances, it would be justifiable to provide an opportunity of reexamination of physical standard to the petitioner by submitting an appeal to the respondents now alongwith requisite fee so that he can get proper opportunity as he is claiming that he is having the physical standard as required as per the condition of the advertisement for claiming any relaxation. Accordingly, the present writ petition is allowed. The respondents are directed to allow the opportunity of re-examination of physical standard to the petitioner for which he shall appear before the Additional Director General of Police (Recruitment) on 19.03.2024. Accordingly, the present writ petition is allowed. The respondents are directed to allow the opportunity of re-examination of physical standard to the petitioner for which he shall appear before the Additional Director General of Police (Recruitment) on 19.03.2024. On depositing the requisite fee of Rs.500/-, the respondents shall got conduct re-examination of physical standard of the petitioner by a Medical Board constituted by the Superintendent of SMS Medical College & Hospital, Jaipur. In case the petitioner is declared successful for the physical standard examination without providing him any relaxation as allowed to the ST Candidate, he shall be considered for the appointment on the basis of his merit with all consequential benefits, including seniority etc. and shall be placed and treated as appointed from the date any candidate lower in merit to him has been given appointment. It is made clear that the petitioner shall be entitled for the notional benefits for the intervening period. After re-medical examination, further process of appointment shall be completed by the respondents within a period of one month from the date of remedical examination.” 12. Earlier the petitioner was not allowed appointment on the ground that he is having height less than 168 cm. The petitioner preferred S.B. Civil Writ Petition No.26918/2018 and under the interim orders of the Court, the height of the petitioner was measured by the Medical Board and it was found to be 168.5 cm, meaning-thereby, the respondents have earlier measured his height incorrectly. After the report of the Medical Board that the petitioner is having height of 168.5 cm, the Court ordered to consider the candidature of the petitioner for appointment to the post of Constable General Non TSP but the respondents have denied appointment to him now on a fresh ground that he has not expanded the chest to 96 cm. The petitioner preferred present writ petition before this Court and by an interim order dated 16.12.2022, the respondents were directed to get examine the chest expansion of the petitioner by a Medical Board of the SMS Hospital, Jaipur. As per the report of the fresh chest expansion of the petitioner, the measurement conducted by the Board of SMS Hospital, Jaipur on 21.1.2023, is found to be 96 cm. 13. As per the report of the fresh chest expansion of the petitioner, the measurement conducted by the Board of SMS Hospital, Jaipur on 21.1.2023, is found to be 96 cm. 13. The contention of the counsel for the respondents that the chest expansion measurement has been done after about four years and any kind of variation cannot be considered, is not acceptable for the reason that initially the height of the petitioner was got measured through the Medical Board and it was found to be 168.5 cm, whereas the respondents while measuring height of the petitioner, they found it to be less than 168 cm which goes to show that there is some kind of discrepancy in the physical standard test. When the physical standard measurement of height of the petitioner conducted by the respondents was found to be incorrect on getting examination of his height by the Medical Board after a short period, and thus the contention of the counsel appearing for the respondents that there can be variation in chest expansion measurement after four years, is not convincing to the Court. 14. In view of above, the writ petition filed by the petitioner deserves to be allowed for the reasons, firstly, in pursuance to the order passed by the Coordinate Bench of this Court dated 18.1.2019, the Medical Board of SMS Hospital, Jaipur, measured height of the petitioner and as per the Medical Board’s opinion dated 22.1.2019 the height measurement of the petitioner comes to ‘168.5 cm; secondly, in pursuance to the order passed by the Coordinate Bench of this Court dated 16.12.2022, the Medical Board of SMS Hospital, Jaipur, measured chest of the petitioner and as per the Medical Board’s opinion dated 21.1.2023 the chest measurement of the petitioner is normal 89 cm and expandable 96 cm, which is as per the Rules for appointment on the post of Constable General Non TSP, thirdly, in my considered opinion, the petitioner is entitled for appointment on the post of Constable General Non TSP, lastly, action of the respondents denying appointment to the petitioner on the post of Constable General Non TSP on the basis of lesser height and chest is arbitrary and the same deserves to be quashed. Accordingly, the writ petition is allowed. 15. The petitioner is declared pass in PST without any relaxation. Accordingly, the writ petition is allowed. 15. The petitioner is declared pass in PST without any relaxation. The respondents are directed to consider the case of the petitioner for appointment on the post of Constable General Non TSP as per his merit and category and the petitioner is entitled for all consequential benefits. He would be treated appointed from the date a candidate lower in merit to him has been given appointment. He would not be entitled for actual monetary benefits for the intervening period. 16. The exercise of consideration, appointment and issuance of order for consequential benefits shall be completed within two months from today. 17. Since the main petition has been allowed, the stay application and pending application/s, if any, also stand disposed of.