The Division Bench dismissed the appeal as having no merit, relying on the earlier ruling in Shravan Kumar Choudhary. The court affirmed that the selection process was not arbitrary and that a re-test would create unfairness between candidates.
The appeal was dismissed; the original impugned order and the selection process were upheld.
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 AT JODHPUR
D.B. Spl. Appl. Writ No. 266/2019
Omprakash S/o Shri Amara Ram, Aged About 30 Years, Village Kalvi, Post Sanju, District Nagaur, Rajasthan.
----Appellant
Versus
----Respondents
For Appellant(s) : Mr. Jitendra Singh For Respondent(s) :
HON'BLE THE CHIEF JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE DINESH MEHTA
Order
11/07/2019
There is no merit in the appeal having regard to the Division Bench judgment in Shravan Kumar Choudhary Vs. State of Rajasthan & Ors. [D.B. Civil Special Appeal (Writ) No.154/2019], decided on 22.5.2019. In that judgment, it was held as follows:
“7. Quite apart from the ground on which the learned Single Judge dismissed the writ petition, i.e. delay, this Court is not inclined to interfere with the selection process or the impugned order. When a complaint such as the present one with respect to less than ideal
(2 of 3)
[SAW-266/2019]
conditions or poor conditions in which candidates are made to perform take up PET is confronted by the Court, it needs to carefully analyse the facts since intervention in judicial review has larger repercussions which affect non-parties.
(3 of 3)
[SAW-266/2019]
For the reasons, the appeal has no merit and the same is accordingly
dismissed.
(DINESH MEHTA),J
(S. RAVINDRA BHAT),CJ
10-CPGoyal/-
3 issues framed by the court
Whether a High Court should interfere with a recruitment Physical Efficiency Test (PET) conducted under alleged poor weather conditions.
Whether ordering a re-test for candidates who approached the court would ensure equality and not create an unfair two-yardstick system.
Whether the petitioner's appeal against the dismissal of his writ petition merits being allowed.
Colour shows how this judgement treated each authority
Shravan Kumar Choudhary Vs. State of RajasthanFollowed¶17
Shravan Kumar Choudhary Vs. State of Rajasthan & Ors. (D.B. Civil Special Appeal (Writ) No.154/2019)
Allahabad High Court judgmentDistinguished¶23
Allahabad High Court judgment (unnamed)
Omprakash S/o Shri Amara Ram
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
