Ankit Kumar vs State Of Rajasthan And Ors

The petitioner applied for recruitment as Constable (Band) with the Fourteenth Battalion RAC Jaipur under the Rajasthan Police Subordinate Service Rules, 1989 (hereinafter 'Rules of 1989'), pursuant to the advertisement dated 25.05.2018. He was required to participate in the Physical Standard Test (PST) and Physical Efficiency Test (PET) on the date notified on the Police Department's website indicated in the advertisement. For this it was incumbent upon the petitioner to keep himself abreast day to day.

The petitioner alleges that his admit card for PST/ PET was not uploaded on the Department's website and hence he could not participate therein. Resultantly he was denied consideration for appointment to the post in issue, submitted counsel for the petitioner.

Dr.V.B. Sharma, appearing for the respondents submitted that instruction no.xiii in the advertisement dated 25.05.2018 provides that "भर्ती प्रक्रिया से सम्बन्धित स्थाई आदेश संख्या-12/2018, 13/2018 दिनांक 22.05.2018 एवं विज्ञप्ति विभाग की बेबसाईट www.recruitment2.rajasthan.gov.in / www.police.rajasthan.gov.in पर उपलब्ध है। भर्ती के सम्बन्ध में समय-समय पर जारी सूचना भी वेबसाइट पर उपलब्ध कराई जाएगी।" (as emphasized by Dr.V.B. Sharma). Dr.V.B. Sharma, AAG has also relied upon the judgment in SBCWP No.23430/2018 titled Ramavtar Jat Versus State Of Rajasthan & Others and other connected matters dismissed on 05.12.2018 as under:-

"I am of the considered view that there is no force in the petitioners' case as there is nothing on record to even remotely establish that the petitioners were in any manner obstructed technically or otherwise in failing to download-despite ample time -their admit cards from the website of the Police Department. The petitioners therefore have no case on this count. Aside of the aforesaid, as stated by Mr.H.C. Kandpal the final result for recruitment of Constable in various districts/batallions has been declared and appointments made over a month ago. Those successful are already in training in each of the districts where they were appointed as Constables. This delay in approaching the court also compounds the problem for the petitioners who as earlier held were themselves responsible for not adhering to the instructions of the advertisement and not downloading their admit cards for PST/PET, despite adequate time for the purpose and participation being available.

In the circumstances, no case of contravention of any of their legal or fundamental rights made out in this petition. The petitions are dismissed."

Dr.V.B. Sharma, further submitted that admit cards of the candidates seeking appointment to the post of Constable (Band) with the Fourteenth Battalion RAC Jaipur were uploaded much in advance on the designated website on 28.8.2018 even while the PST/PET for Fourteenth Battalion RAC Jaipur were to commence on 4.9.2018 - a clear 6 (six) days later. He submitted that the petitioner is himself responsible for not downloading the admit card in time and appear for the PST/ PET as notified to him. He can in the facts of the case have no cause to agitate an alleged contravention of his legal right before this court in being allegedly denied participation in the PST/ PET. The failure to download information in time was wholly attributable to the petitioner and there was no obligation to furnish personal information in this regard to him.

Dr.V.B. Sharma also submitted that aside of the above this petition being filed after a delay of about two months and 16 days from the date of the PST/ PET and is also liable to be dismissed on the ground of laches. In this regard Dr.V.B. Sharma submitted that the PST/PET for consideration for appointment as Constable (Band) with the Fourteenth Battalion RAC Jaipur commenced 04.09.2018, result of successful candidates was declared soonafter and those successful appointed. Their training has also commenced. Further, Dr.V.B. Sharma submitted the delay in approaching this court infact indicates that the case set up by the petitioner is a mere afterthought/ intent on misusing the discretionary jurisdiction of this court.

I am of the considered view that in the facts of the case there is no force in the petitioner's case, as there is nothing on record to even remotely so establish, that he was in any manner obstructed technically or otherwise from downloading his admit card in time from the website of the Police Department and participate in the PST/ PET. Aside of the aforesaid, as stated by Dr.V.B. Sharma the final result for appointment of Constables in the battalion in issue has been declared. Those successful are already in training. In the circumstances delay in approaching the court also compounds the petitioner's problem as the petition is hit by laches and liable to be dismissed also on this count.

Consequently, no case of contravention of any of the petitioner's legal or fundamental right is made out in this petition. Nor has the petitioner been able to make out any case of any arbitrary action of the respondents to his detriment to warrant interference by this Court.

The petition is accordingly dismissed.