Monu Kumar vs State Of Rajasthan And Ors

The petitioner pursuant to the advertisement dated 25.05.2018 applied for recruitment as Constable in District Alwar under the Rajasthan Police Subordinate Service Rules, 1989 (hereinafter 'Rules of 1989'). Having passed the written examination, he was required to participate in the Physical Standard Test (PST) and Physical Efficiency Test (PET) on 1.9.2018. It appears that the petitioner was unable to pass the PET as he did not complete the prescribed 5 km race within 25 minutes as warranted. His candidature was then rejected. Aggrieved therefrom, the petitioner has approached this Court.

Mr.Raj Kumar Kasana counsel for the petitioner submitted that the petitioner could not perform to the requisite standards in the 5 km race conducted at Vidhyadhar Nagar Stadium, Jaipur on 1.9.2018 because the race was overcrowded with not only male but also female candidates and those seeking appointment as Constable (Band). It has been submitted that the female candidates were kept in front line obstructing the male candidates in the run.

Heard. Considered.

The ground for filing this petition as agitated and recorded hereinabove is quite absurd. The petitioner had no right to insist that the 5 km race in the course of PET be conducted solely with Male candidates only. Neither the conditions of the advertisement dated 25.5.2018 nor the Rules of 1989 support the argument of the petitioner's counsel that female and male candidates seeking appointment for the posts of Constables, could not be made to participate together in a race. It is evident that 5 km race is to be run individually by the candidate within the prescribed time. Co-participants in the race are of no relevance. Further there is nothing on record to establish that the petitioner at the relevant time when the race was held on 1.9.2018, agitated the issue of any prejudice, by the race being held with female candidates and those who had applied for the post of Constable (Band). Nor the manner prejudice has been set out. A similar issue came up before this Court in SBCWP No.14427/2018 titled Pooja Jakhad & Others vs. State of Rajasthan & Others which was dismissed by the Principal seat of this Court at Jodhpur on 25.9.2018 inter-alia on the ground that the case set up was a mere after thought and that joining of male and female candidates seeking appointment as Constable, in the race was not an event generating prejudice. In the instant case, there is nothing on record to show that the petitioner had been prevented unfairly from completing the race on 1.9.2018 within the stipulated time. The petitioner has approached this Court only on 18.12.2018 i.e. after a delay of three and a half months since his failing the PET. No explanation for the delay has even been proffered. I am of the considered view that for reasons of inordinate delay in filing the petition and even on merits as discussed above there is no force in the petition.

Dismissed.