Dismissed

Bhajan Lal v. State of Raj. and Ors.

Rajasthan HC13 Apr 2015CW/3566/2015

Case brief

AI extract

What is this about?

The High Court of Rajasthan dismissed a petition seeking a direction to constitute an independent Medical Board for chest measurement verification. The Court rejected the prayer, noting the petitioner failed physical fitness tests and lacked medical certificates to substantiate claims of meeting the required standards under the Police Subordinate Service Rules.

What did the court decide?

Writ petition dismissed. No direction issued to constitute a Medical Board; application for appointment rejected.

Bhajan Lal Vs State of Raj. and Ors. — Service and Employment | Rajasthan HC (2015)

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B.CIVIL WRIT PETITION NO.3566/2015

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Bhajan Lal Vs.

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State of Rajasthan & Ors.

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Date of Order : : 13.04.2015

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HON’BLE MS.JUSTICE NIRMALJIT KAUR

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Mr.H.S.Bishnoi, counsel for the petitioner.

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Nirmaljit Kaur, J. (Oral):

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The prayer in the present petition is for a direction to the respondents to constitute an independent Medical Board for determining the chest measurement of the petitioner and thereafter, to grant him appointment on the post of Constable, if he is otherwise suitable and meritorious.

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It is contended that the petitioner's deflated chest is 81 cms and inflated chest is 87 cms. As per the advertisement, a candidate should have deflated chest measurement not less than 81 cms and inflated not less than 86 cms; and extension of the chest should not be less than 5 cms. Learned counsel has placed reliance on the Rajasthan Police Subordinate Service Rules, 1989. Rule 14(2) of the said Rules provides for physical fitness, which is as follows:-

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“14(2) Except in the case of women candidates, no candidate, who is less than 168 cms. in height and

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whose deflated chest measurement is less than 81 cms. and inflated less than 86 cms. shall be deemed to be physically fit: Provided that -

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(i) The minimum height of the candidates belonging to the Hill and the Tribal areas shall not be less than 160 cms. and their deflated and inflated chest should not be less than 79 and 84 cms. respectively.

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(ii) The height and weight of women candidates may not be less than 152 cms. and 47. 5. kgs. Respectively.

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(iii ). Candidates belonging to the Scheduled Castes and Scheduled Tribes whose height and chest measurements are less by 5 cms shall be deemed to be physically fit in case requisite number of suitable SC/st candidates possessing physical fitness standards as laid down in RULE 14 (2) are not available. "

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The physical efficiency test was held on 02.04.2015. The petitioner was informed that he did not meet the required chest measurement and was declared fail. The petitioner filed an appeal and in pursuance to the same, he was once again measured and was declared fail. No document has been placed on record to show that the petitioner's deflated chest is 81 cms and inflated chest is 87 cms.

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Reliance is placed on the judgment of this Court in the case of Suresh Kumar Koli Vs. State of Rajasthan & Anr., reported in 2002(5) WLC 444. In the said case, the petitioner had placed on record the medical certificate issued by Medical Officer, Danta (Sikar). According to which, the chest measurement of the petitioner was shown to be 84-89 cms. In the present case, no such certificate to compare the measurement with that as measured by the respondents has been placed on record.

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Reliance is also placed on the order dated 06.02.2012 passed by coordinate Bench of this Court in S.B.Civil Writ Petition No.9618/2011 (Ashok Singh Vs. State of Rajasthan & Ors). The said judgment does not help the petitioner. In the said case, the respondents have been directed to decide the representation of the petitioner. When the said representation was not decided, the second direction was issued to respondents to decide the representation in terms of the judgment rendered by the learned Single Judge of this Court in the case of Ashish Sain Vs. State of Rajasthan & Ors. (S.B.Civil Writ Petition No.9385/2011), decided on 29.07.2011. In the present case, the representation in pursuance to the appeal filed by the petitioner was considered and rejected as he did not meet the required specification.

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Accordingly, the writ petition is dismissed being devoid of merit.

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(NIRMALJIT KAUR), J.

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Bhajan Lal v. State of Raj. and Ors.

Case brief

What is this about?

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Bhajan Lal v. State of Raj. and Ors.

Case brief

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