Allowed

Ramswaroop Sharma, S/O Sitaram Sharma v. the Director General of Police

Rajasthan HC18 Dec 2018CW/21438/2018

Case brief

AI extract

What is this about?

This Bench allowed a Writ Petition by candidates who failed the Physical Efficiency Test due to heavy rains. Ordering a fresh PET within six weeks, the Court applied the principles from a connected matter regarding weather vitiation, subject to verification of prior Physical Standard Test participation.

What did the court decide?

The petition is disposed of allowing a fresh PET to be conducted within six weeks for the petitioners Nos. 1 to 4, subject to verification of their PST participation.

Ramswaroop Sharma, S/O Sitaram Sharma Vs… — Labour and Industrial Disputes | 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.21438/2018

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Ramswaroop Sharma, S/o Sitaram Sharma, Aged 26 years, R/o – Village Kirawal, Post Chawandiya, Tehsil – Malpura, District Tonk, Rajasthan- 304504

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Lokesh Sharma, S/o Ramji Lal Sharma, Aged About 27 Years, R/o - Village Nimera, Post Panwaliya, Tehsil 2. Todaraisingh, District - Tonk, Rajasthan

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Om Prakash Gurjar S/o Sitaram Gurjar, R/o - Dhani Bhopa Wali, Ward No 03, Khatu Road, Reengus, DistrictSikar, Rajasthan

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Kiran Bhargav, D/o Om Prakash Bhargav, R/o Bamora, Kadaiyyanoyar, Chhabra, District - Bara, Rajasthan

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Seema D/o Mohar Singh, R/o F-10, Police Line, Kota City, District Kota, Rajasthan

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Sanjay Sharma, S/o Suvalal Sharma, Village Lahan, Post Vajirpura, District - Tonk, Rajasthan

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Chothmal Chechi S/o Tejaram, Aged About 25 Years, R/o Dhani Kalameda, Post- Ganeshwar, Tehsil - Neem Ka Thana, District - Sikar, Rajasthan

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----Petitioners

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Versus

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The Director General Of Police, Rajasthan, Police Head Quarters, Lal Kothi, Jaipur, Rajasthan

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Inspector General Police (Recruitment), Rajasthan, Police Head Quarters, Lal Kothi, Jaipur, Rajasthan

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State Of Rajasthan, Through Home Secretary, Secretariat, Jaipur (Rajasthan)

----Respondents

[CW-21438/2018]

(2 of 4)

For Petitioner(s) : Mr.Ajay Singh 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 Nos.5—Seema, 6—

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Sanjay Sharma and 7—Chothmal Chechi stands dismissed as withdrawn.

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Heard counsel for the petitioner Nos.1 to 4, and the

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respondents.

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The case of the petitioners is that they having passed the written examination for appointment to the post of Constable under the Rajasthan Police Subordinate Service Rules, 1989 (hereafter ‘the Rules of 1989’) pursuant to the advertisement dated 25.5.2018, were also successful in the Physical Standard 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 9/10.9.2018 in which they could not run to the best of their potential for reason of heavy rains which muddied

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the running track. It has been submitted that a similar issue came

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[CW-21438/2018]

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(3 of 4)

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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 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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[CW-21438/2018]

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(4 of 4)

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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/136

Ramswaroop Sharma, S/O Sitaram Sharma v. the Director General of Police

Case brief

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Ramswaroop Sharma, S/O Sitaram Sharma v. the Director General of Police

Case brief

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