Writ petition filed by candidates who failed a Physical Efficiency Test. Court dismissed the petition citing lack of substance due to delay and identical facts to a previously decided case where similar belated petitions were rejected.
Writ petition dismissed for lack of substance due to delay and failure to raise prior grievance.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ No. 16382/2018
----Petitioners Versus
----Respondents
For Petitioner(s) : Mr. Surendra Singh. For Respondent(s) : Mr. Dinesh Ojha for Mr. P.R. Singh, AAG.
HON'BLE MR. JUSTICE ARUN BHANSALI Order
25/10/2018
The writ petition has been filed by the petitioners seeking a direction to the respondents to re-conduct the Physical Efficiency Test (PET) qua the petitioners.
It is, inter-alia, indicated in the writ petition that the petitioners had participated in the PET for the post of Constable on 10/9/2018 held at Police Training Centre, Jodhpur, wherein, they had failed. Submissions have been made that as the admission cards were uploaded with delay, the petitioners got very little time and consequently failed.
(2 of 2) [CW-16382/2018]
A perusal of the writ petition indicates that same have been filed on 15/10/2018. None of the petitioners have, since the test was held on 10/9/2018, wherein, they had failed, filed any representation and/or raised any grievance and have apparently filed the present writ petition after the judgment of this Court in Rajesh Kumar & Anr. vs. State of Rajasthan & Ors. : S.B.Civil Writ Petition No. 13790/2018 decided on 6/10/2018.
This Court in a similar nature writ petition being Thawara Ram vs. State of Rajasthan & Ors. : S.B.Civil Writ Petition No. 16279/2018 & other connected matters decided on 22/10/2018, wherein also the petitioners had approached this Court belatedly i.e. without raising any objection with the respondents and merely inspired by the judgment of this Court in Rajesh Kumar (supra) inter alia laid down as under:
“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.”
The fact situation in the present writ petition is identical to the case of Thawara Ram (supra).
In view of the above, the writ petition filed by the petitioners have no substance and the same are, therefore, dismissed.
(ARUN BHANSALI),J
Rm/247
3 issues framed by the court
Whether the petitioners are entitled to be directed to re-conduct the Physical Efficiency Test given their delay.
Whether a writ petition filed after a similar test with identical facts should be allowed.
Whether the writ petition has any substance given the lack of prior grievance.
Colour shows how this judgement treated each authority
Rajesh Kumar & Anr. vs. State of Rajasthan & Ors.Applied¶16
Rajesh Kumar & Anr. vs. State of Rajasthan & Ors. : S.B.Civil Writ Petition No. 13790/2018
Thawara Ram vs. State of Rajasthan & Ors.Followed¶17
Thawara Ram vs. State of Rajasthan & Ors. : S.B.Civil Writ Petition No. 16279/2018
Jaideep Singh S/o Ram Kishor
Rajesh S/o Sugana Ram
State Of Rajasthan
The Director General Of Police
The Superintendent Of Police, District Jodhpur Rural
Arun Bhansali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
