Single judge of Rajasthan High Court dismissed a writ petition challenging the Physical Efficiency Test results. The Court dismissed the plea for re-examination due to inherent delay and lack of prima facie evidence regarding track conditions, relying on the presumption of official act regularity.
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 Writ Petition No.2743/2019
Pawan Kumar Swami S/o Sh. Ghan Shyam Swami, Aged About 22 Years, R/o Dhani Deriwali, Vpo Bhadwari Via Kanwat, District Sikar (Raj.)
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr.Sunil Kumar Swami.
HON'BLE MR. JUSTICE ALOK SHARMA
Order
05/03/2019
The case of the petitioner is that he 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’) held pursuant to the advertisement dated 25.5.2018, was called for the Physical Standard Test (PST) and thereafter required to participate in the Physical Efficiency Test (PET) on 4.9.2018 at Maharao Ummed Singh Stadium, Nayapura, Kota which entailed running 5 kms within the prescribed time. Counsel for the petitioner submits that at the time the PET under the Rules of 1989 was conducted on 4.9.2018
(2 of 3)
[CW-2743/2019]
at Kota, the running track was muddied for reason of heavy rains which resulted in obstructing the petitioner’s performance up-to his potential and his resultant failure. It has been submitted that the petitioner should in the circumstances be given another opportunity as given to several candidates, who failed the PET at Kota also in the course of recruitment of Constables under the advertisement dated 25.5.2018 on 8/9/10 September, 2018, vide order dated 27.11.2018 passed by the Principal seat of this Court at Jodhpur in the case of Revant Ram Meghwal & Others vs. State of Rajasthan & Others and other connected matters, SBCWP No.13731/2018 .
Heard. Considered.
Admittedly the petitioner’s PET was held on 4.9.2018 at Kota. This petition has been filed on 31.1.2019 after an inordinate and unexplained delay of over four months and 15 days. There is nothing on record to show that any grievance as now agitated in this petition was set forth by the petitioner at the relevant time. Further the condition of the running track at the stadium in issue at the time relevant to PET is a question of fact which this Court would loath to address more so belatedly at this stage when the selection process has been largely completed and those appointed after success in the recruitment undergoing training for over the last four months. The issue with regard to the condition of track in the course of PET for recruitment of Constable in other Districts and Court’s order thereon is of no event for the purpose of PET at Kota on 4.9.2018. There is nothing on record to even prima facie justify the petitioner’s allegation, such as weather report with regard to alleged heavy rains at Kota on 4.9.2018. So too there is
(3 of 3) [CW-2743/2019]
also nothing on record to establish that the running conditions of track at Kota on 4.9.2018 when the petitioner’s PET was held, was not suitable for the test being held. Contrarily the presumption under Section 114 of the Evidence Act, 1872 as to regularity of official acts obtains against the petitioner.
In view of the overall facts of the case, I am inclined to dismiss this petition both for reasons recorded above. Wherefrom neither any of the petitioner’s legal or fundamental rights appear to have been infringed nor any case of arbitrariness of respondents made out.
Petition is accordingly dismissed.
(ALOK SHARMA),J
Karan/15
2 issues framed by the court
Whether the petitioner is entitled to another opportunity for the Physical Efficiency Test due to alleged poor track conditions at Kota caused by heavy rains.
Whether the petitioner's delay in filing the petition justifies dismissal despite the grievance regarding test conditions.
Colour shows how this judgement treated each authority
Revant Ram Meghwal & Others vs. State of Rajasthan & OthersReferred¶19
Revant Ram Meghwal & Others vs. State of Rajasthan & Others, SBCWP No.13731/2018
2 provisions across 2 enactments
Pawan Kumar Swami
State Of Rajasthan
The Director General Of Police
Inspector General Of Police
Superintendent Police
Allok Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
