Bhanwar Lal vs State of Raj. and Others

Sandeep Mehta, J—Heard learned counsel for the parties and perused the material available on record.

The petitioner is a candidate who applied for selection as Constable in furtherance of a recruitment notice dated 14.7.2013 issued by the police department for recruitment to the post of Constable (GD). After clearing the written examination, the petitioner was subjected to physical standards test (which involves the measurements of the height and chest). The eligibility criterion for physical standards test is governed by Rule 14(2) of the Rajasthan Police Subordinate Service Rules, 1989. It was specifically provided in the notification in reference to Rule 14(2) that the aspirant shall measure 168 cms. in height. His deflated chest measurement shall not be less than 81 cms. with a minimum expansion of 5 cms.

The petitioner herein was declared unsuccessful in the physical standards test, upon which he preferred an appeal in accordance with the advertisement, which too failed. Upon this, the petitioner has approached this Court through the instant writ petition assailing the action of the respondents in declaring him failed in physical standards test.

Learned counsel for the petitioner submits that the petitioner earlier appeared in a selection process conducted by the police department for selection as a Constable in the year 2012 and in the said process, he claims to have cleared the physical standards test.

Similar writ petitions were preferred by PST failed candidates raising almost identical grievances and in two writ petitions, viz., Ram Niwas (S.B. Civil Writ Petition No. 3731/2015) and Pardeep Kajla (S.B. Civil Writ Petition No. 4199/2015), this Court, by way of interim directions, ordered for a fresh chest measurement of the writ petitioners therein to be conducted by a medical board. Both these writ petitions were listed on 12.8.2015 and have been allowed by separate orders. While allowing these two writ petitions, this Court noticed that the Medical Board''s reports qua the respective writ petitioners completely negated the result of the physical standards test of those writ petitioners as conducted by the authorities during the selection process. Both the above named writ petitioners had been declared PST failed by the recruiting authority whereas they have cleared physical standards test upon examination by the medical board.

A coordinate Bench of this Court at Jaipur, by order dated 26.5.2015 allowed the S.B. Civil Writ Petition No. 5208/2015 (Dinesh Kumar Meena. v. State of Rajasthan & Anr.) involving an identical controversy after finding that the petitioner therein met the required physical standards upon examination conducted by a medical board under the Court''s directions.

Learned counsel for the parties state that in view of the fact that discrepancies have been noticed by this Court in similar matters, it would be apposite to direct fresh measurement of the petitioner''s body dimensions viz. chest, height etc. in accordance with Rule 14(2) of the Rules of 1989 to be carried out by a duly constituted medical board.

In view of the statement made above, it is hereby directed that, the petitioner shall submit appropriate application to his recruiting authority within a period of ten days along with a copy of this order with an undertaking to deposit the cost, if any, of constituting a medical board. The recruiting authority shall thereupon request the Superintendent of the concerned Government Hospital to constitute a medical board for a fresh measurement of the petitioner''s body dimensions viz., height, deflated chest and expanded chest as required under Rule 14(2) of the Rules of 1989. The medical board shall be constituted within three weeks from the date of submission of the application. The medical board shall carry out the requisite measurements and thereafter, provide a copy of the test report to the petitioner as well as the recruiting authority. The recruiting authority shall be entitled to keep its authorized officer present during the medical board''s proceedings.

If the petitioner is found clearing the physical standards in context of Rule 14(2) of the Rules of 1989, he shall thereafter be subjected to subsequent steps for recruitment in accordance with the advertisement. If the petitioner qualifies, he shall be offered appointment as a Constable (GD) in the questioned selection process, subject to character verification as per the Rules.

The writ petition is disposed of in the above terms.

Stay petition also stands disposed of.

No order as to costs.