Dismissed
Neha Ojha v. the Director General of Police
Rajasthan HCCW/14387/2018
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JUDICATURE FOR RAJASTHAN AT JODHPUR S.B.…
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JUDICATURE FOR RAJASTHAN AT JODHPUR S.B.…
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ No. 14387/2018
Neha Ojha D/o Shri Mahaveer Ojha, Aged About 22 Years, Veer Mohalla Prabatsar, District Nagaur, Rajasthan.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Vikram Singh. For Respondent(s) : Mr. Dinesh Ojha for Mr. P.R. Singh, AAG.
HON'BLE MR. JUSTICE ARUN BHANSALI Order
29/11/2018
This writ petition has been filed by the petitioner aggrieved against rejection of her candidature during Physical Standard Test (‘PST’) for recruitment to the post of Constable (General), 2018.
It is inter alia indicated in the writ petition that the petitioner applied for the post of Constable (General) pursuant to the advertisement dated 25.5.2018. After passing the written examination, when the petitioner appeared for PST on 9.9.2018, she was failed in the said test on account of having weight less than the standard weight. The appeal filed by the petitioner was also rejected.
Alongwith the writ petition, a health certificate issued by the Medical Officer, Community Health Centre, Parbatsar has been produced indicating the weight of the petitioner at 49 kg and the
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[CW-14387/2018]
standard requirement as per the advertisement being 47.5 kg, it is claimed that as the petitioner has the weight more than the standard weight, she was eligible and was wrongly rejected in the PST and, therefore, the action of the respondents be quashed and the petitioner may be included in further recruitment process.
A reply to the writ petition has been filed by the respondents disputing the submissions made by the petitioner in the writ petition. It is inter alia indicated that during course of PST, weight of the petitioner was found at 41.1 kg, which did not meet the required parameters and, therefore, the petitioner was failed in PST. Alongwith the reply, the respondents have produced a health certificate issued by the same authority on 4.9.2018, which was required to be produced by the petitioner at the time of PST, wherein, the column pertaining to weight has been left blank. It is submitted that the health certificate annexed with the writ petition cannot be relied on because of the several contradictions and, therefore, the writ petition deserves to be dismissed.
I have considered the submissions made by learned counsel for the parties and have perused the material available on record.
A bare look at the health certificate produced by the respondents as Annex.R/2, which was produced by the petitioner at the time of PST, indicates that the same is left blank qua weight, the same authority has issued the certificate – Annex.5 indicating the weight of the petitioner at 49 kg. A comparison of both the health certificates indicates that apparently the certificates are being issued quite casually by the Medical Officers, wherein, in both the certificates certain parameters have been indicated, while some parameters have been left blank without adverting to the requirements of the recruitment norms, as such
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the health information made in the health certificate (Annex.5) produced by the petitioner cannot be relied on as a gospel truth.
The respondents have clearly indicated in their reply that weight of the petitioner during PST was found at 41.1 kg and there is apparently no reason to disbelieve the said averment.
Besides the above, body weight being a variable parameter, the submission made by counsel for the petitioner seeking to question the same, also cannot be judged by way of now subjecting the petitioner to again undergo the said test.
In view thereof, there is no substance in the writ petition.
The same is, therefore, dismissed.
(ARUN BHANSALI),J
19-Sumit/-
1 issue framed by the court
Whether the petitioner's grievance regarding wrong rejection in Physical Standard Test based on conflicting weight records in health certificates requires intervention.
Neha Ojha
The Director General Of Police, Jaipur
The Superintendent Of Police, Ajmer
The Superintendent Jail Training Institute, Ghooghara
Arun Bhansali
As recorded by the court registry
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