This special appeal challenging PET rejection was dismissed. The Court relied on a Commissioner's report stating the track looked dry and firm despite slight wet matting visible in video footage.
The appeal is dismissed as not merited.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR
D.B. Spl. Appl. Writ No. 137/2019
Sharwan Ram Sinwar
----Appellant
Versus
The State of Rajasthan & Ors.
----Respondents
For Appellant(s) : Mr. Varda Ram Coudhary For Respondent(s) : Mr. Sandeep Shah, AAG with Mr. Abhimanyu Singh
HON'BLE THE CHIEF JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE DINESH MEHTA
Order
22/05/2019
The appellant is aggrieved by the rejection of the writ petition and complains that the Physical Efficiency Test (PET) held on 07.09.2018 for selection of the candidates at Ghhoghara, Jaipur Road, Ajmer was not in ideal conditions inasmuch as the track was wet.
The learned Single Judge relied upon the judgment of Revant Ram Meghwal & Ors. Vs. State of Rajasthan & Ors. [SB Civil Writ Petition No.13731/2018, decided on 27.11.2018] and noticed that on the particular date, the ground was reasonably firm and dry.
During the course of the proceedings before the learned Single Judge, a Commissioner’s report, based upon video footage, was sought. It is a matter of record that the writ petitioner did not object to the Commissioner’s report, which inter alia states as follows :
“Only the start/finish section of the track is visible in the video. The videography reveals slightly wet matting (laid for the purposes of monitoring the time of candidates) which dries as the run progresses. Though it is difficult to
[SAW-137/2019]
(2 of 2)
extrapolate the condition of the entire track but on the face of it, the condition of track looks dry & firm.”
In these circumstances, the appellant’s complaint of arbitrariness is not borne out from the record.
Consequently, the appeal is dismissed as not merited.
(DINESH MEHTA),J
(S. RAVINDRA BHAT),CJ
41-Ashu/-
1 issue framed by the court
Whether the Physical Efficiency Test was conducted under ideal conditions given the wet track.
Colour shows how this judgement treated each authority
Revant Ram Meghwal & Ors. Vs. State of Rajasthan & Ors.Referred¶13
Revant Ram Meghwal & Ors. Vs. State of Rajasthan & Ors. [SB Civil Writ Petition No.13731/2018, decided on 27.11.2018]
Sharwan Ram Sinwar
The State of Rajasthan
S. Ravindra Bhat
Dinesh Mehta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
