Jassa Ram And Ors vs State Of Rajasthan And Ors

This writ petition has been filed by the petitioners seeking a direction to the respondents to permit the petitioners to participate in Physical Standard Test ('PST') / Physical Efficiency Test ('PET') for the post of Constable and in case, their names appear in the merit list, they may be accorded appointment.

It is inter-alia claimed that the admit cards were uploaded by the respondents for PET scheduled for the petitioners on 8th, 9th, & 10th September, 2018 could not be downloaded by the petitioners in time on account of technical problems. However, the petitioners appeared before the Board on 10.09.2018, but they were not permitted to appear and therefore, they may be permitted one more opportunity in this regard.

Learned counsel appearing for the respondents submitted that the averments made in this regard has no substance, inasmuch as, the admit cards were uploaded in all cases on 04.09.2018 and merely because the petitioners did not download the same in time cannot be a reason for providing them one more opportunity. Further submission has been made that the averment made that the petitioners had appeared on 10.09.2018, is also baseless and therefore, the said aspect also cannot be relied on in support of the petitioners.

I have considered the submissions made by learned counsel for the petitioners and have perused the material available on record.

A bare look at the averments made in the writ petition would indicate that the petition, which has been filed on behalf of 16 petitioners, a omnibus statement has been made that on 08.09.2018, the respondents uploaded permission letter for PST/PET on its official website but the same could not be downloaded and the petitioners appeared before the members of the Board at Police Training Centre, Jodhpur requested them to allow the petitioners in the PST/PET held on 10.09.2018, but they were not allowed to participate. It is claimed that the admit cards were downloaded after 5:00 p.m. on 10.09.2018.

A bare look at the admit cards filed as Annexure-3 to the writ petition would indicate that all the petitioners have downloaded the admit cards after the scheduled time of holding of PST/PET i.e. 8th, 9th & 10th September, 2018. However, interestingly, one petitioner Ramjeevan, who had downloaded the admit card on 07.09.2018 and his PST/PET was scheduled on 09.09.2018, has also joined the petitioners by making absolutely false averments.

Further the statements made by the petitioners in the writ petition that they had approached the respondents on 10.09.2018 for permitting them to participate in the PST/PET also appears to be not correct as the first version of the petitioners is indicated in the representation dated 13.09.2018, wherein they have simply indicated that they could not download the admit cards and therefore, they may be given one more opportunity. No averment in the said representation has been made that the petitioners approached the respondents for permitting them to participate even without admit cards as allegations are that despite being aware of uploading of the admit cards, on account of technical mistake, they were not able to download the said admit cards.

In view of the above fact situation, wherein the petitioners have failed to make out any case whatsoever regarding any technical mistake regarding downloading of the admit cards and / or their failure to do so, merely because they have downloaded the admit cards after the PST/PET was held cannot be a reason to now permit the petitioners to participate again in the PST/PET.

The judgment of this Court at Jaipur Bench in Pankaj Meghwal v. State of Rajasthan & Ors. : S.B. Civil Writ Petition No.22387/2018 alongwith several connected matters, decided on 24.10.2018 has been cited to indicate that the similarly situated candidates have been granted relief. However, besides the fact that none of the petitioners involved therein pertain to District Jaisalmer, Barmer, Jodhpur Rural & Jodhpur (GRP), it cannot be said that there is any similarity between the case of the present petitioners and the petitioners in the case of Pankaj Meghwal (supra).

In view of above discussion, there is no substance in the writ petition filed by the petitioner, the same is, therefore, dismissed.