Petitioners sought appointment as Constables, claiming they missed the Physical Efficiency Test due to delayed online upload of admit cards. The Court dismissed the writ petition, holding that the advertisement clearly indicated online availability and allegations were baseless given other candidates appeared.
Unprovided. The writ petition was dismissed.
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. 16390/2018
----Petitioners
Versus
----Respondents
For Petitioner(s) : Mr. Shreyansh Mardia
HON'BLE MR. JUSTICE ARUN BHANSALI
Order
13/11/2018
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[CW-16390/2018]
This writ petition has been filed by the petitioners seeking direction to the respondents to call the petitioners for Physical Efficiency Test (‘PET’) and to consider the candidature of the petitioners for the post of Constable, if found in merit and grant appointment.
It is, inter alia, indicated in the writ petition that pursuant to the advertisement dated 25.05.2018 (Annexure-1) the petitioners applied for the post of Constable (General) and cleared the written examination and waited for call for appearing in the PST/PET. However, neither any call was received nor any notice for appearing in PST/PET was published in daily newspaper.
The admit card for appearing in the PST/PET on 10.09.2018 for Jodhpur Rural and 12.9.2018 for Jodhpur Commessionerate and 28.8.2018 for Third Battalion RAC Bikaner were uploaded by the respondents. The petitioners for lack of any information could not appear on the date fixed for PST/PET and consequently their candidature have not been considered by the respondents.
It is inter alia, submitted by learned counsel for the petitioners that the petitioners reside in a small village and belong to weaker section of the society and have no access to computer for all day long and therefore they were not in a position to find out the uploading of the admit cards in time. The petitioners had visited e-mitra kiosk from time to time, however, could not find out the uploading of the admit cards. It is also alleged that the admit cards were uploaded after the date fixed for PST/PET and therefore, the petitioners were entitled for grant of an opportunity to appear for PST/PET.
Learned counsel for the respondents submitted that a bare look at the advertisement would indicate that all the information
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pertaining to the recruitment were to be uploaded on the website of the respondents and the same was done by the respondents in time. Further notices were published in the newspaper calling upon the candidates to keep visiting the website, however, as the petitioners have failed to appear in PST/PET on the date fixed and they cannot now be permitted to contend that they had no information and, as such, they may be granted another chance in this regard and, therefore, the petition deserves to be dismissed.
The submission made by learned counsel for the petitioners that admit cards were uploaded after the date fixed for PST/PET has been vehemently opposed by learned counsel for the respondents. It is submitted that the fantastic allegations have been made without any basis, which cannot be countenanced. The admit cards were uploaded well in time, which is evident from the fact that except for the petitioners, none of the other candidates have alleged non-uploading of admit cards in time and, therefore, the allegations made in this regard are baseless.
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 advertisement (Annexure-1) would indicate that at each stage of the recruitment, all the information have been indicated to be uploaded on the website and a general indication has also been made in the advertisement as under:-
“(xiii) HkrhZ izfØ;k ls lEcfU/kr LFkkbZ vkns’k la[;k&12@2018] 13@2018 fnukad 22-05-2018 ,oa foKfIr foHkkx dh osclkbZV www.recruitment2.rajasthan.gov.in / www.police.rajasthan.gov.in ij miyC/k gSA HkrhZ ds lEcU/k esa le;≤ ij tkjh lwpuk Hkh osclkbZV ij miyC/k djkbZ tk,xhA”
It is not in dispute that the admit cards were uploaded by the respondents on its website. The allegations made in the petition regarding non-availability of computer all day long and a
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feeble attempt to allege that the admit cards were uploaded after the date fixed for PST/PET, apparently have no substance. Once the advertisement clearly indicated the procedure, whereby, all information regarding the recruitment was to be uploaded on the website, the petitioners cannot claim any other mode in this regard.
The very fact that on the date fixed for holding of PST/PET, the candidates have appeared for participation, as indicated by learned counsel for the respondents, the allegations regarding uploading of the admit cards after the date fixed for PST/PET also have no substance. No case for interference based on the submissions made is made out in the present writ petition.
There is no substance in the writ petition and the same is, therefore, dismissed.
(ARUN BHANSALI),J
amit/38
3 issues framed by the court
Whether non-availability of admit cards on time warrants direction for a fresh PET opportunity.
Whether failure to appear for PET due to alleged lack of information justifies granting another chance.
Whether the advertisement sufficiently notified that admit cards would be uploaded online.
Jagdish S/o Bhaira Ram
Jitendra Kumawat S/o Manak Ram
Laxman Kumawat S/o Sona Ram
Vikas Kumar S/o Ram Pratap
Bantu Kumar Meena S/o Santram Meena
The State Of Rajasthan
Arun Bhansali
As recorded by the court registry
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