Allowed

Sunil Kumar Malav S/O Shri Nand Kishor Malav, v. State of Rajasthan

Rajasthan HC18 Dec 2018CW/21181/2018

Case brief

AI extract

What is this about?

The Court disposed of a writ petition concerning the Rajasthan Police recruitment PET. Following a parallel decision, the Court directed the respondents to allow the petitioners a fresh opportunity to appear in the Physical Efficiency Test, subject to verifying their participation in the Physical Standard Test.

What did the court decide?

The petition is disposed of directing the respondents to conduct a fresh Physical Efficiency Test for petitioners within six weeks.

Sunil Kumar Malav S/O Shri Nand Kishor Malav, Vs… — Service and Employment | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No.21181/2018

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Sunil Kumar Malav S/o Shri Nand Kishor Malav, Aged About 22 Years, By Caste Dhakar, R/o Village And Post Gordhanpura, Tehsil Chhipabarod, District Baran

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Banwarilal Vaishnav S/o Durga Shankar Vaishnav, Aged About 22 Years, R/o Village And Post Gordhanpura, Tehsil Chhipabarod, District Baran Rajasthan

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Meena Malav S/o Jankilal Malav, Aged About 24 Years, R/o Village Tancha Post Tancha, Tehsil Chhipabarod, District Baran Rajasthan

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Naval Malav S/o Mool Chand Malav, Aged About 27 Years, R/o Vpo Gordhanpura, Tehsil Chhipabarod, District Baran

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Raina Malav S/o Bhanwar Lal Malav, Aged About 29 Years, R/o Talab Mohalla Sarola Kalan, Tehsil Khanpur District Jhalawar

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Manoj Malav S/o Ramswarup Malav, Aged About 27 Years, R/o Village Khankhara, Tehsil Chhabra District Baran

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Mukesh Yogi S/o Jagdish Yogi, Aged About 26 Years, R/o Village Shobhagpura, Post Relawan, Tehsil Kishanganj District Baran

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Mahaveer Malav S/o Shri Jagdish Prasad, Aged About 29 Years, R/o Village And Post Setkolu, Tehsil Chhipabarod, District Baran

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Rajesh Kumar Malav S/o Shri Gokul Prasad Malav, Aged About 26 Years, R/o House No. 518 Naya Mandir Mohalla Ward No. 9, Village And Post Taraj, Tehsil Khanpur District Jhalawar

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Rajkumar S/o Bhagwan Singh, Aged About 27 Years, R/o Plot No. 132, Kh No. 25, Shiv Shakti Nagar, Dhapi Marbal Banar, Village Nandri District Jodhpur

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Hari Prakash Meena S/o Brij Mohan Meena, Aged About 25 Years, R/o Village Jirod Post Sahrod Tehsil Atru District Baran

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Dinesh Malav S/o Murli Manohar Malav, Aged About 24 Years, R/o Vilalge Kundi Post Mudkiya Tehsil Chhabra District Baran

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Rupendra Singh S/o Jitendra Rajawat, Aged About 29

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(2 of 4) [CW-21181/2018]

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Years, R/o V-16-Cad Colony, Anta, District Baran

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Morpal Meena S/o Shri Mangilal Meena, R/o Vilalge Bhatgaon, Post Harnawda Shahji, Tehsil Chhipabarod, District Baran

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Lokesh Kumar S/o Shri Hans Kumar Chandak, Aged About 28 Years, R/o 20-A, Veer Savarkar Nagar, Kota Rajasthan

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----Petitioners

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Versus

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State Of Rajasthan, Through Principal Secretary To The Government, Department Of Home, Govt. Of Rajasthan, Jaipur

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Director General Of Police Rajasthan, Jaipur

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Superintendent Of Police, Baran

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Superintendent Of Police, Kota

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----Respondents

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For Petitioner(s) : Mr.Mahendra Sharma For Respondent(s) : Mr. H.C. Kandpal, Assistant Government Counsel.

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HON'BLE MR. JUSTICE ALOK SHARMA

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Order

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18/12/2018

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The writ petition qua the petitioner No.15—Lokesh

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Kumar stands dismissed as withdrawn.

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Heard the counsel for the petitioner Nos.1 to 14, and

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the respondents.

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The case of the petitioners is that they having passed

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the written examination for appointment to the post of Constable

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under the Rajasthan Police Subordinate Service Rules, 1989

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[CW-21181/2018]

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(3 of 4)

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(hereafter ‘the Rules of 1989’) pursuant to the advertisement

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dated 25.5.2018, were also successful in the Physical Standard

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Test (PST) and thereafter required to participate in the Physical Efficiency Test (PET) which entailed running 5 kms within time prescribed. It has been submitted that the petitioners’ PET was conducted at Kota on 8/9.9.2018 in which they could not run to the best of their potential for reason of heavy rains which muddied the running track. It has been submitted that a similar issue came up before the Principal seat of this Court at Jodhpur in the case of

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Revant Ram Meghwal & Others vs. State of Rajasthan &

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Others and other connected matters, SBCWP No.13731/2018,

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vide its order dated 27.11.2018 the Court also held that as the PET at Kota on 8/9/10.9.2018 was vitiated by adverse weather condition and hence unfair. Adversely affected candidates at the said PET were entitled for another chance to participate afresh in the PET for evaluation of their physical efficiency as per their prescribed norms. It has been prayed that the petitioners identically placed be also allowed a second chance of PET.

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Mr.H.C Kandpal, AGC, submitted that the respondents

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would have no objection in conducting the petitioners’ PET afresh

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[CW-21181/2018]

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(4 of 4)

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subject to verification of their having participated in the PST held

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at the relevant time.

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Resultantly, this petition is accordingly disposed of in

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terms of the order dated 27.11.2018 passed in the case of Revant Ram Meghwal (supra). The said order shall apply mutatis mutandis to the petitioners’ case except to the date of the PET to be conducted afresh and subject however to verification of their participation in the PST held at the relevant time.

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On a finding that the petitioners participated in the PST

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at the relevant time, the fresh PET qua the petitioners’ be

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conducted within a period of six weeks from today.

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(ALOK SHARMA), J

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Himanshu/129

Sunil Kumar Malav S/O Shri Nand Kishor Malav, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Sunil Kumar Malav S/O Shri Nand Kishor Malav, v. State of Rajasthan

Case brief

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What did the court decide?

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