Nena Ram vs State Of Rajasthan And Ors

The petitioner had earlier filed a writ petition being S.B. Civil Writ Petition No.16409/2018, which was dismissed by a co-ordinate Bench of this

Court vide order dated 23.10.2018.

The petitioner preferred an intra-court appeal against the order passed by learned Single Judge being D.B. Special Appeal (Writs) No.1176/2018,

which came to be allowed by the Division Bench vide order dated 04.12.2018 and the respondents were directed to permit the petitioner to appear in

Physical Efficiency Test (PET).

In furtherance of the order dated 04.12.2018, passed by the Division Bench, the petitioner did appear in Physical Efficiency Test and cleared the

same.

The petitioner has preferred the present writ petition, inter alia, raising grievance that in spite of successfully clearing PET, the respondents have not

accorded appointment to him.

Mr. Mardia, learned counsel for the petitioner argued that in the light of the judgment dated 11.12.2019 passed in the case of State of Rajasthan &

Ors. Vs. Thawara Ram (SLP No.12884/2019), whereby the State’s SLP has been rejected, the petitioner is entitled for a direction to the

respondents to accord him appointment.

Having regard to the facts obtaining and the submissions made, without observing anything about the competence or otherwise of the special appeal

filed by the respondent, this Court is of the view that the petitioner is entitled to appropriate direction.

The petition is therefore, allowed. The respondents are directed to accord appointment order to the petitioner, if petitioner is otherwise eligible,

within a period of four weeks from today.

The stay application also stands disposed of accordingly.