Thawara Ram @APPELLANT@Hash State Of Rajasthan

These writ petitions have been filed by the petitioners seeking quashing of Physical Efficiency Test (PET) conducted on 5/9/2018 at Police Training

Centre, Jodhpur. It is inter alia indicated in the writ petitions that the respondents uploaded the admission cards late on 4/9/2018 and held the PET on

5/9/2018 at 6.00 am leading to the petitioners not getting adequate opportunity to appear at the PET, wherein, they participated and failed.Further

submissions have been made that on account of delay in uploading the admission cards, another chance was given to the candidates, who had not

participated and, therefore, submission was made that those who participated by somehow reaching the venue cannot be discriminated qua the

candidates, who did not participate at all and, therefore, the petitioners are entitled to another chance.

Reliance was placed on the judgment of this Court in Rajesh Kumar & Anr. vs. State of Rajasthan & Ors. : S.B. Civil Writ Petition No. 13790/18

decided on 6/10/2018. Learned counsel appearing for the respondent State submitted that in the operative portion of the judgment in the case of

Rajesh Kumar (supra), this Court had specifically indicated that only the petitioners therein would be permitted to participate in the fresh PET to be

conducted on 15/10/2018, which PET has already taken place.

It is submitted that the petitioners have approached this Court after gross delay inasmuch as they were aware on 5/9/2018 itself pertaining to the fact

that they have failed, however, they have approached this Court on 12/10/2018 after this Court had delivered the judgment on 6/10/2018, merely

inspired by the directions given by this Court and, therefore, permitting the petitioners in this regard would make the recruitment an unending exercise

and, therefore, the writ petitions deserve to be dismissed.

I have considered the submissions made by learned counsel for the parties and have perused the material available on record. It is not in dispute that

the petitioners had failed on 5/9/2018 in the PET conducted by the respondents. The petitioners did not raise any objection in this regard and after the

judgment was delivered by this Court in the case of Rajesh Kumar (supra), petitioner Thawara Ram filed the representation on 11/10/2018, i.e. after

the judgment was delivered by this Court and, thereafter, writ petition was filed by him and others on 12/10/2018. The very fact that this Court was

well aware while delivering the judgment in the case of Rajesh Kumar (supra) that based on the said judgment several other candidates may approach

this court, it was specifically directed therein as under:

“In view of the above discussion, the rejection of the petitioners candidature on account of their failure to clear the PET on 5/9/2018 is quashed, the

respondents are directed to hold fresh PET for the petitioners only on 15/10/2018 at Rajasthan Police Training Centre, Mandore Road, Jodhpur and if

they pass in PET and stand in over all merit, they may be accorded appointment pursuant to the advertisement dated 25/5/2018.â€​

It would be seen that the direction was confined to petitioners only. Pursuant to the directions issued by this Court, the respondents have already

undertaken another PET for the petitioners in the case of Rajesh Kumar (supra) and other connected writ petitions. If the present petitions were to be

accepted, as the same are based on same grounds as taken in the case of Rajesh Kumar (supra), the same will become an unending exercise as

submitted by learned counsel for the respondents, which situation cannot be permitted to be created.

The petitioners, if they were aggrieved against the action of the respondents in uploading the admission cards with delay and their failure, they had

sufficient time to approach this Court, however, they chose not to approach this Court at the relevant hour and the matters have now come up before

this Court after the PET pursuant to the directions issued by this Court is already over, the present petitioners are not entitled to grant of any relief on

account of delay in approaching this Court and that also without raising any dispute at any point of time before filing of the writ petition, apparently

having no grievance earlier and only inspired by the judgment in the case of Rajesh Kumar (supra), they are not entitled to any relief. Consequently,

there is no substance in the writ petitions, and the same are, therefore, dismissed.