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Judgment
Petition No,"Date, Venue & Time",Observations of Commissioner
SBCWP No.13731/2018,29.08.2018 Jaipur 4:02 P.M.,"Only the start/finish section of the
track is visible in the video. The
videography reveals existence of
water on the track. Though it is
difficult to extrapolate the condition of
the entire track but by looking at the
feet of the candidates, it can be said
that the track got reasonably sticky
SBCWP No.14823/2018,29.08.2018 Jaipur 08:46 A.M.,"Only the start/finish section of the
track is visible in the video. The
videography does not reveal
existence of significant water on the
track. Though it is difficult to
extrapolate the condition of the entire
track but on the face of it, the
condition of track looks reasonably
dry & firm.
SBCWP No.14684/2018
SBCWP No.16509/2018",07.09.2018 Ajmer 10:49 A.M,"Only the start/finish section of the
track is visible in the video. The
videography reveals slightly wet
matting (laid for the purposes of
monitoring the time of candidates)
which dries as the run progresses.
Though it is difficult to extrapolate the
condition of the entire track but on
the face of it, the condition of track
looks dry & firm.
SBCWP No.14390/2018
SBCWP No.15390/2018
SBCWP No.14376/2018
SBCWP No.14932/2018",07.09.2018 Kota 9:21/22 A.M.,"Only the start/finish section of the
track is visible in the video. The
videography reveals slight patches of
wetness on matting (laid for the
purposes of monitoring the time of
candidates) at the beginning of the
run, which dries as the run
progresses. Though it is difficult to
extrapolate the condition of the entire
track but on the face of it, the
condition of track looks dry & firm.
SBCWP No.13987/2018,08.09.2018 Kota 12:48 P.M.,"Only the start/finish section of the
track is visible in the video. The
videography reveals submerged track
leading to troughs / ditches on the
track. There were heavy rains on this
day and part of the run was even
conducted during the downpour. The
track ex facie looks swampy, muddy
& potholed.
SBCWP No.14750/2018
SBCWP No.14991/2018
SBCWP No.14531/2018
SBCWP No.16393/2018",09.09.2018 Kota 02:16 P.M.,"Only the start/finish section of the
track is visible in the video. The
videography reveals muddy track.
Though it is difficult to extrapolate the
condition of the entire track but a look
at the feet of the candidates suggest
that the entire track could be pretty
muddy
SBCWP No.13989/2018
SBCWP No.15403/2018
SBCWP No.17071/2018",10.09.2018 Kota 09:02/03 A.M.,"Only the start/finish section of the
track is visible in the video. The
videography reveals that the race
began on a track which was
drymuddy but over the course of the
run, due to precipitation, the track got
wet-muddy. Though it is difficult to
extrapolate the condition of the entire
track but on the face of it, the
condition of track looks slightly
muddy
SBCWP No.15076/2018,10.09.2018 Kota 10:31 A.M.,"Only the start/finish section of the
track is visible in the video. The
videography reveals that the run took
place on slightly muddy albeit firm
track. Though it is difficult to
extrapolate the condition of the entire
track but a look at the feet of the
candidates would reveal that the
entire track would have been
somewhat muddy.
SBCWP No.14449/2018,11.09.2018 Kota 10:32 A.M.,"Only the start/finish section of the
track is visible in the video. The
videography does not reveal
existence of significant water on the
track. Though it is difficult to
extrapolate the condition of the entire
track but on the face of it, the
condition of track looks reasonably
firm & settled.
SBCWP No.14419/2018,13.09.2018 Kota 12:35 P.M.,"Only the start/finish section of the
track is visible in the video. The
videography does not reveal
existence of significant water on the
track. As a matter of fact, this is the
only run, which was conducted in
partly sunny weather. Though it is
difficult to extrapolate the condition of
the entire track but on the face of it,
the condition of track looks
reasonably firm & dry.
SBCWP No.14362/2018,07.09.2018 Udaipur 11:19 A.M.,"Only the start/finish section of the
track is visible in the video. The
videography does not reveal
existence of significant water on the
track. Though it is difficult to
extrapolate the condition of the entire
track but on the face of it, the
condition of track looks reasonably
firm.
SBCWP No.14701/2018
SBCWP No.15281/2018
SBCWP No.16016/2018
SBCWP No.16274/2018
SBCWP No.16787/2018
SBCWP No.17156/2018",08.09.2018 Udaipur 12:42 P.M.,"Only the start/finish section of the
track is visible in the video. Since, it
rained before the run was held, the
wetness is apparent on the visible
track. Though it is difficult to
extrapolate the condition of the entire
track but a look at the feet of the
running candidates would show that
the condition of track would not have
been wet-muddy.
provide a reasonably normal conditions so as to ensure that the candidate is able to participate in the recruitment exercise to best of his ability and is,,
not hampered on account of extraneous conditions. Providing of a reasonably good running track for undergoing the PET is one of such condition. It is,,
true that change of climatic conditions like rains, storms etc. cannot be accurately predicted, but once on account of such climate, the condition of the",,
track deteriorates to the extent that the efficiency of the candidates is hampered, it cannot be said that the recruiting agency would then be justified to",,
continue with its exercise of undertaking PET irrespective of the condition of the track.,,
The Commissioner has observed qua the condition on 08.09.2018 at 12:48 p.m. at Kota that there were heavy rains on the day and part of the run was,,
conducted during the downpour, which clearly indicates a totally insensitive attitude on part of the recruiting agency. The mere fact that even during",,
such kind of run in adverse conditions, few candidates could succeed in achieving the required landmark i.e. completing 5 km. run in 25 minutes",,
cannot be a reason enough for concluding that all was well.,,
Besides the above, the other side of the picture also needs to be taken into consideration wherein, merely because it had rained a day earlier, during",,
some part of the day, the said reason also cannot be sufficient to come to a conclusion that the candidates were not made available appropriate",,
conditions for undertaking the PET. The Commissioner, in his report, qua several runs, regarding which complaint has been made, has observed that",,
irrespective of some wetness on the matting placed for monitoring the time of the candidates, the condition of the track appeared dry & firm and",,
therefore, in those conditions the candidates only on account of the fact that they failed in achieving the landmark cannot succeed in getting another",,
opportunity to undergo a fresh PET.,,
Allahabad High Court in the case of Sudhakar Pandey (supra), in somewhat similar case, directed holding of fresh PET, which order of the learned",,
Single Judge was upheld by the Division Bench in an appeal filed by the State of U.P. (supra).,,
Learned counsel for the parties, essentially conceded to the report of the Commissioner qua most of the writ petitions, however, counsel in SBCWP",,
No.14701/2018 and other matters pertaining to the PET held on 08.09.2018 at Udaipur at 12:42 p.m. sought to contest the observations made by the,,
Commissioner and made submissions that as only start and finish on the track was visible in video and wetness was apparent on the track, the same",,
was sufficient to come to a conclusion that the candidates were not provided reasonable conditions to undertake the PET and therefore, the",,
observation made by the Commissioner that “the condition of the track would not have been wet-muddy†is not in sync with by the conditions,,
available at the site.,,
Learned counsel for the respondent-State supported the finding and submitted that the finding recorded by the Commissioner is based on the material,,
available on record and nothing contrary has been placed on record to substantiate the finding and therefore, the submissions made in this regard",,
cannot be accepted.,,
I have considered the submissions made by learned counsel for the parties in relation to the particular run.,,
The Commissioner has provided six screen shots of the run, 02 at the beginning, 02 during the run and 02 at/around end of the run. The mattings",,
meant for recording the time of candidates, appear wet, however, the end of the run picture, is quite clear and is representative of the status of the",,
track. The candidate visible in the picture is wearing white sport shoes, which in the pictures are ‘sparkling white’ at the end of the 5 km. run.",,
The entire visible portion of the shoes from both the cameras indicate that apparently no mud had stuck the said white shoes and therefore, the",,
observations made by the Commissioner i.e. “look at the feet of the running candidates shows that the condition of the track would not have been,,
wet-muddy†cannot be faulted.,,
In view thereof, the submissions sought to be made by learned counsel for the parties qua only one run has no substance.",,
Generally it may be observed, that though the condition of the track essentially is a question of fact which could not have been adjudicated on account",,
of conflicting versions by the petitioners and the respondents but for the availability of the videography and the court having taken assistance of the,,
Commissioner, whose observations made in this regard have been accepted by most of the petitioners and the respondents and contents thereof not at",,
all in dispute, the same has facilitated the resolution of the issues raised by the petitioner. The efforts made by learned Court Commissioner Mr.",,
Sharad Kothari, Advocate in presenting a report complete in all respects deserves appreciation.",,
In view of the above discussion, based on the report of the Commissioner, which has been accepted by the parties, and qua one report the feeble",,
objections raised have been rejected by the Court, the cases wherein the track has been found dry & firm / reasonably firm & settle / reasonably firm",,
and the condition of the track was not found as wet-muddy, the petitions filed by the petitioners have no substance, the petitions wherein the condition",,
of the track has been found as reasonably sticky /swampy, muddy & potholed / pretty muddy / slightly muddy / somewhat muddy, the candidates",,
deserve one more opportunity to undergo the PET.,,
Consequently, SBCWP Nos.13731/2018, 13987/2018, 14750/2018, 14991/2018, 14531/2018, 16393/2018, 13989/2018, 15403/2018, 17071/2018 &",,
15076/2018 are allowed, the result of the petitioners in these petitions pertaining to the PET conducted by the respondents is quashed and set-aside.",,
The respondents are directed to hold fresh PET for the petitioners on 15.12.2018 at Rajasthan Police Training Centre, Mandore Road, Jodhpur and",,
based on the performance of the petitioners, if they pass the PET and appear in the merit-list, they shall be granted appointment from the date other",,
candidates were granted appointment pursuant to the recruitment with actual benefits from the date of appointment. SBCWP Nos.14823/2018,",,
14684/2018,16509/2018,14390/2018,15390/2018, 14376/2018,14932/2018,14449/2018,14419/2018, 14362/2018, 14701/2018, 15281/2018, 16016/2018,",,
16274/2018, 16787/2018 & 17156/2018 are dismissed.",,
No order as to costs.,,