The High Court dismissed a writ petition by a Constable recruited candidate who failed to appear for PST/PET because he could not download his admit card. The Court held he missed ample time to access the information and dismissed due to laches as recruitment had already concluded.
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 BENCH AT JAIPUR
S.B. Civil Writs No. 25775/2018
Manoj Kumar Meena S/o Shri Makkhan Lal Meena, Aged About 26 Years, By Caste- Meena, R/o Vigyan Nagar, Gudha Road Jhunjhunu, Dist.- Jhunjhunu (Raj.) Pincode-333001 (For The Post Of Constable General Non Tsp, Application Id201804146811, Roll No.1115776)
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Rajendra Singh For Respondent(s) : Mr. HC Kandpal
HON'BLE MR. JUSTICE ALOK SHARMA
Order
12/12/2018
This petition relates to candidates who applied for
recruitment as Constable under the Rajasthan Police Subordinate
Service Rules, 1989 (hereinafter ‘Rules of 1989’), pursuant to the
advertisement dated 25.05.2018. The petitioner having passed
the written examination in terms of Rules of 1989 was required to
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[CW-25775/2018]
participate in the Physical Standard Test (PST) and Physical
Efficiency Test (PET) on the date notified on the Police
Department’s website indicated in the advertisement.
The case of the petitioner is that despite having passed
the written examination, the respondents did not inform the date
of PET/PST. The petitioner being a resident of rural area could not
download his admit card to participate in PST/PET and resultantly
was denied consideration for appointment to the post of
Constables in District Jhunjhunu
Mr.H.C. Kandpal, Asst. GC appearing for the
respondents submitted that instruction no.xiii in the advertisement dated 25.05.2018 provides that “HkrhZ izfØ;k ls lEcfU/kr LFkkbZ vkns”k
la[;k&12@2018] 13@2018 fnukad 22-05-2018 ,oa foKfIr foHkkx dh csclkbZV
ij miyC/k gSA HkrhZ ds lEcU/k esa le;≤ ij tkjh lwpuk Hkh osclkbV ij
miyC/k djkbZ tk,xhA” (as emphasized by Mr.H.C. Kandpal)
Mr.H.C. Kandpal submitted that the above instruction
clearly provides that all information pertaining to recruitment of
Constables in the recruitment of 2018 from time to time would be
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[CW-25775/2018]
made available on the website of the Police Department. He
submitted that admit cards of the successful candidates in the
written examination in respect of District Jhunjhunu were uploaded on the designated website on 24.8.2018 and the
PST/PET for District Jhunjhunu were commenced on 29.8.2018 – a
clear 5 (five) days later.
Mr.H.C. Kandpal submitted that if inspite of the
information of the dates of PST/PET in various districts being
uploaded on the website of the Police Department as provided for
in the instructions of the advertisement dated 25.05.2018, the
petitioner was remiss and lethargic because of his failure to download the said information timely and for this reason was
unable to appear for the PST/PET on the due date, he can have no
cause to agitate before this court.
Mr.H.C. Kandpal further submitted that a similar issue
came up before the Principal Seat at Jodhpur in the case of Ved
Prakash Versus State of Rajasthan & Others, SBCWP No.18065/2018 decided on 27.11.2018. Therein while dismissing
the petition the court held that as the requisite information with
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[CW-25775/2018]
regard to the holding of PST/PET was uploaded on the website of
the Police Department as indicated in instruction no.xiii of the
advertisement dated 25.05.2018, the respondent-Police
Department could not be held responsible for the failure of the petitioners to keep abreast with the available information as to the
dates of the PST/PET and be directed to provide another opportunity for PST/PET to the petitioners. The court held that the delay in downloading of information well in time could not be a
ground for interference. The court further held that “the
petitioners cannot be heard to seek a specific personal information
in this regard from the respondents.”
Mr.H.C. Kandpal also submitted that aside of the
petitioner having no case on merit in view of the specific
instruction in the advertisement with regard to the obligation of
the candidates to keep abreast of the information of recruitment
process 2018 for the post of Constable from time to time on the
Police Department’s website indicated, this petition being filed
after a delay of about two month and 22 days, also liable to be
dismissed on the ground of laches. In this regard Mr.H.C. Kandpal
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[CW-25775/2018]
submitted that last of the PST/PET as per the original schedule
was held on 15.09.2018, result of successful candidates declared
and those successful appointed, the training of those so appointed
also commenced. The petitioner has belatedly approached this
court with delay without just cause and to grant indulgence to them by directing a fresh PST/PET for them even in the absence of just cause and legal ground would disrupt the whole training schedule and confer on the petitioner an advantage of an adverse situation of his own making by his sheer in-aptitude, carelessness
and delay. Further the delay in approaching this court infact indicates that the case set up is a mere afterthought intent on misusing the discretionary jurisdiction of this court. Mr.Kandpal submitted that this court should not exercise it discretionary jurisdiction in the facts as no equity for the petitioners can be found.
Heard. Considered.
Indeed instruction no.xiii of the advertisement dated
25.05.2018 provided that all candidates would be obliged to keep
abreast of information uploaded on the website of Police
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Department with regard to the process/progress in the
recruitment for the post of Constables in 2018. That instruction of
the advertisement is not under challenge before this court.
Consequently in determining the issue agitated by the petitioner
the aforesaid instruction will have to be taken into consideration.
The facts of the case on record indicate that following the declaration of the result in the written examination the admit
cards of those candidates eligible to participate in the PST/PET in
District Jhunjhunu were uploaded on 24.8.2018 and PST/PET commenced on 29.8.2018. There was clearly a gap of 5 (five)
days within which the admit cards could be downloaded by the
successful candidates for participating in the PST/PET at the notified place
I am of the considered view that there is no force in the
petitioner’s case as there is nothing on record to even remotely
establish that the petitioner was in any manner obstructed
technically or otherwise in failing to download—despite ample time
—their admit cards from the website of the Police Department.
The petitioner therefore has no case on this count. Aside of the
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[CW-25775/2018]
aforesaid, as stated by Mr.H.C. Kandpal the final result for
recruitment of Constable in various districts/batallions has been declared and appointments made. Those successful are already in
training. This delay in approaching the court also compounds the
problem for the petitioner who as earlier held was himself responsible for not adhering to the instructions of the advertisement and not downloading his admit card for PST/PET, despite adequate time for the purpose and participation being
available.
In the circumstances, no case of contravention of any
of their legal or fundamental rights made out in this petition.
The petition is accordingly dismissed.
(ALOK SHARMA),J
DK
2 issues framed by the court
Whether the petitioner is entitled to an opportunity for a fresh Physical Standard Test and Physical Efficiency Test after failing to download his admit card despite sufficient time and public notice.
Whether the delay in approaching the court justifies dismissal on grounds of laches.
Colour shows how this judgement treated each authority
Ved Prakash Versus State of Rajasthan & OthersReferred¶56
Ved Prakash Versus State of Rajasthan & Others, SBCWP No.18065/2018
Manoj Kumar Meena
State Of Rajasthan Through Its Secretary, Department Of Home
Director General Of Police
Inspector General Of Police (Recruitment)
Superintendent Of Police, Jhunjhunu-17
Superintendent Of Police, Jaipur
Allok Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
