Brijesh Kumar Meena vs State Of Rajasthan And Ors

The petitioner having applied for appointment to the post of Constable under Rajasthan Police Subordinate Service Rules, 1989 (hereafter 'the Rules of 1989') pursuant to the advertisement dated 25.5.2018 passed the written examination and then successfully went through the next stages of Physical Standard Test (for short, 'PST') and Physical Efficiency Test (for short, 'PET'). Yet he was not appointed. In the select list of Constables appointed in District Ajmer, published on the Police Department's website on 27.11.2018, the petitioner found that despite a higher aggregate mark 57.625, he was not appointed as a Constable (General) in Scheduled Tribe category even while those with a mark of 54.125 in ST category were so appointed. The petitioner, in the circumstance approached this Court by way of the present writ petition.

Vide interim order dated 6.12.2018, this Court on the facts before it directed that petitioner's Physical Standard Test with reference to his chest measurements, both normal and inflated, be conducted by a Medical Board of three Doctors constituted by the Superintendent, SMS Medical College and Hospital, Jaipur. The petitioner was resultantly put through the Medical Board examination on 13.12.2018. The report of the Physical Examination of the petitioner by the Medical Board aforesaid has been received by this Court. Therefrom it is evident that the petitioner's normal chest (deflated) is 85 Cms. and when inflated 90 Cms.

It is thus apparent that the finding of the petitioner with a normal chest (deflated) of 80.1 Cms. and when inflated 90.5 Cms. at the PST conducted by the respondent department was erroneous. Even otherwise it is extremely unlikely that a chest expansion could be of over 10 Cms., as recorded, at the time of petitioner's PST in the course of the recruitment process. The petitioner appears to have been a victim of wrong recording of his chest (normal - deflated) measurement at the relevant time. That error now stands in stark contrast under the report of the Medical Board constituted of three doctors, referred to above.

Resultantly I would allow this petition and direct the Superintendent of Police, Ajmer to appoint the petitioner on the post of Constable (General duty) in District Ajmer as per his merit at the recruitment of Constables in 2018. This is consequent to the finding of this Court for reasons recorded above that the petitioner had the requisite physical standards prescribed under the Rules of 1989 both on height and chest requirements and did not require any relaxation under Rule 14 (2) of the Rules of 1989 resulting his being put down in the select list despite a higher aggregate mark of 52.625 viz-a-viz other candidates in the ST category in the recruitment for appointment of Constables (General duty) in District Ajmer pursuant to the advertisement dated 25.5.2018.

Necessary steps for the petitioner's appointment be taken within a period of four weeks from the date of presentation of certified copy of this order. The petitioner shall be entitled to all notional benefits.

The original report of the examination conducted by three doctors' medical board constituted by the Superintendent, SMS Medical College and Hospital, Jaipur, as directed by this Court, be handed over to Dr. AS Khangarot, counsel for the respondents and a photostat copy thereof be retained for the purposes of court record.