Ashok Kumar Meena vs State Of Rajasthan And Ors

The petitioner as a Scheduled Tribe (ST) candidate participated in the recruitment as Constable (GD) pursuant to the advertisement dated 25.05.2018. The recruitment was to be made under Rajasthan Police Subordinate Service Rules, 1989 (hereinafter 'the Rules of 1989') for 13,142 posts across various districts in the State of Rajasthan.

Having passed the written examination, the petitioner was required to appear at the Physical Standard Test (PST) under the Rules of 1989. The PST required of the candidates a minimum height of 168 cms and chest deflated at 81 cms and inflated at 86 cms. Rules of 1989 provide for certain relaxation for the reserved category candidates in the PST. Having passed the PST the petitioner was called for Physical Efficiency Test (PET) where in the 5 km race, he completed within the prescribed time. The petitioner states to have been declared successful but surprisingly despite a 60.250 mark, when the cut off for ST category for appointment as Constable in District Nagaur where the petitioner had applied was only is 52.875 mark.

The petitioner in the circumstances resorted to the Right to Information Act, 2005 and filed an application thereunder to find the reason for his non-selection as despite a higher mark than the cut off mark on which appointment to the post of Constable (GD) in the ST category in District Nagaur were made. The information on the application aforesaid on receipt indicated that the petitioner had not been appointed as Constable for reason of his being push down in the merit of ST candidates in the District Nagaur for reasons of purportedly having been purportedly granted relaxation in his chest requirement in terms of Rule 14(2) of the Rules of 1989 which entailed the petitioner being pushed down on the merit list despite his higher percentage below those who had passed the PST without any relaxation on physical standards requirements. The petitioner in the circumstances represented to the respondent-Police Department that his chest (inflated and deflated) was not properly measured at the PST or in any event the measurement of his chest (inflated and deflated) had not been properly recorded at the relevant time. The representation of the petitioner was of no avail. Hence this petition.

On the matter coming up before this court on 29.11.2018, by an interim order, the Medical Superintendent, SMS Medical College and Hospital, Jaipur was directed to constitute a three member medical board on or before 03.12.2018. The said medical board was to examine the petitioner on his height and chest (inflated and deflated) parameters on 04.12.2018.

The report of the three member medical board constituted by Medical Superintendent, SMS Medical College and Hospital, Jaipur which conducted the petitioner's PST on 04.12.2018 has been received in court. The report states that the petitoner's height is 175.5 cms and chest when deflated state 83 cms and when inflated at 89 cms. The report of the medical board thus makes it evident that the petitioner has the minimum requisite physical standard required under Rule 14 of the Rules of 1989 and did not require any relaxation as a ST candidate by resort to Rule 14 (2) of the Rules of 1989 to be declared pass at the PST.

Mr.H.C. Kandpal appearing for the respondent submitted that the PST was conducted on 07.09.2018. He submitted that the petitioner filed this petition on 20.11.2018 i.e. after a delay of about 2 and a half months from the date of the PST. Mr.Kandpal submitted that in terms of the instructions to candidates seeking appointment on the post of Constable (GD) as set out in the advertisement dated 25.05.2018, it was provided that in the event of their being dissatisfied with the PST result they had the right to file an appeal but the petitioner did not file such an appeal where the re-measurement of the petitioner's chest (deflated and inflated) could have been done right away. The petitioner instead chose to let over 2 month lapse before challenging the alleged wrong measurement of his chest before this court during which period he had enough time to improve on his physical condition- includes chest both deflated and inflated and then file this petition. Mr.Kandpal submitted that the petitioner not having awailed the alternative remedy and filed the appeal, no indulgence for the same relief be granted to him in this petition.

Mr.Atul Kumar Jain appearing for the petitioner in rejoinder submitted that the petitioner came to know of the factum of having purportedly passed the PST on the strength of relaxation by the Government under Rule 14 (2) of the Rules of 1989 only on or about 31.10.2018 when he received the information regarding his PST measurements and reason for his non-appointment despite a higher mark than that appointed as Constable in ST category in District Nagaur under the Right to Information Act, 2005. He submitted that subsequent thereto he approached the respondent-Police Department and in the absence of any positive reply approached this court by filing this petition on 20.11.2018. No delay can thus be attributed to the petitioner, counsel submitted.

Heard. Considered.

Indeed the petitioner has approached this court about 2 and a half months subsequent to his PST on 07.09.2018. Yet the fact remains that petitioner was only informed of his having passed the PST on the basis of alleged relaxation only on receipt of information on his application under Right to Information Act, 2005 on 31.10.2018. The petitioner thereafter first quite naturally but ill ordinarily approached the respondents. When no positive response was received, he has approached this court. The court then directed in the interim order dated 29.11.2018 that the petitioner be measured on his height and chest (deflated and inflated) by a three member medical board to be constituted by Medical Superintendent, SMS Medical College and Hospital, Jaipur on 04.12.2018. That has been done and the three member medical board appropriately constituted has found that the petitioner has a height of 175.5 cms and chest inflated at 89 cms and deflated at 83 cms. It is the apparent that the petitioner satisfies the requisite PST under the Rules of 1989.

In the facts of the case this petition is allowed. The Superintendent of Police, Nagaur is directed to appoint the petitioner on the post of Constable (GD) in District Nagaur in terms of his merit in the ST category as ascertained without necessity of relaxation in the PST.

The petition is accordingly allowed.