Rakesh Kumar Nitharwal vs State Of Rajasthan And Ors

By way of the present intra-court appeal, the appellant has assailed the order dated 29.1.2019 passed by the learned Single Judge dismissing his writ petition.

The facts relevant for the present appeal are that the appellant appeared in the selection process for the post of Constable pursuant to the advertisement dated 25.5.2018. After clearing the written examination, the appellant was to undertake Physical Standard Test/Physical Efficiency Test ('PST/PET'), however, his admit card was allegedly not uploaded timely on the official website of the respondents. According to the appellant such belated uplodading of the e-admit cards has prejudiced his chance of faring well in the physical efficiency test.

It is the admitted case of the appellant that the appellant had downloaded his admit card on 3.9.2018 at 19-31-20 hrs and was required to report for the aforesaid PST/PET Test at Rajasthan Police Training Center, Mandore Road, Jodhpur on 5.9.2018 at 6.00 am in the monring.

The learned Single Judge dismissed the appellant's writ petition, inter alia, observing that he had sufficient time to participate in the physical efficiency test, while also placing reliance of the Division Bench judgment dated 28.1.2018, rendered by Jaipur Bench of this Court in the case of Sunita Kumari Vs. State of Rajathan & Ors. (DBSAW No.1498/2018).

Having heard learned counsel for the parties and upon perusal of material on record, we are of the considered opinion that learned Single Judge has committed no error of law in dismissing the appellant's writ petition vide order under challenge.

In wake of the undisputed facts that the appellant had downloaded the admit card on 3.9.2018, at 19-31-20 hrs, it cannot be said that it was uploaded belatedly. The appellant thus cannot claim that he did not have sufficient time to participate in the PET/PST, which was held on 5.9.2018 at Jodhpur.

The appellant hails from Nagaur, which is about 142 kms from Jodhpur and as such, his plea of not having sufficient time is a lame excuse, particularly when, he had participated in the test and failed.

We find that the admit card had been uploaded in time for the PST/PET scheduled on 5.9.2018. Hence, the respondents can neither be held wanting in promptness nor can they be held slack in any manner. The appellant had at least 36 hours time to reach at the centre and undertake the requisite test, even after he had downloaded the admit card.

As a result, the intra-court appeal is dismissed.