Bench dismissed this D.B. Special Appeal holding that the coordinate bench's decision in Dharmendra Singh Gocher precluded interference, as a fresh re-test would create inequity for non-parties who accepted the existing conditions.
Writ petition treated as lacking merits; appeal dismissed.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
D.B. Special Appeal Writ No. 329/2019
In
S.B. Civil Writ Petition No.27268/2018
Bharat Raj Singh S/o Shri Raj Singh, Aged About 25 Years, R/o Keshav Nagar, Bpr Road, Near Chungi Kumher Distt. Bharatpur (Rajasthan). Pin-321201
----Appellant/Petitioner
Versus
----Respondents
For Appellant(s) : Shri Sunil Kumar Singodiya For Respondent(s) :
HON'BLE MR. JUSTICE MOHAMMAD RAFIQ HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Judgment
09/09/2019
This appeal has been filed by the appellant against the judgement of the learned Single Judge 3.1.2019, whereby the writ petition has been dismissed. The writ petition has been filed by the appellant for selection to the post of Constable in the Rajasthan Police. After clearing the written examination, he was asked to participate in the Physical Efficiency Test (PET). A common complaint was that the tracks where he was asked to run for 5 kms. was in poor condition, being subjected to rainfall and the ground was muddy.
(2 of 2)
[SAW-329/2019]
Controversy raised in this matter is squarely covered by the judgement of coordinate bench of this Court in D.B. Special Appeal (Writ) No.310/2019, Dharmendra Singh Gocher vs. State of Rajasthan & Ors., and other connected matters decided by common judgement dated 27.05.2019, wherein it was held that a fresh re-test can result in inequity, especially to non-parties, since they accepted the so-called poor conditions and would be now deprived of another opportunity (which the appellants would get, were they to succeed in these appeals) because they are not before the Court.
In view of above, no interference is called for in the impugned judgement. The appeal, which lacks merits is hereby dismissed.
(NARENDRA SINGH DHADDHA),J
(MOHAMMAD RAFIQ),J
RAVI SHARMA /38
1 issue framed by the court
Whether the single judge correctly dismissed the writ petition challenging the fairness of the Physical Efficiency Test conditions.
Colour shows how this judgement treated each authority
Dharmendra Singh Gocher vs. State of Rajasthan & Ors.Followed¶19
D.B. Special Appeal (Writ) No.310/2019, Dharmendra Singh Gocher vs. State of Rajasthan & Ors.
Bharat Raj Singh
The State Of Rajasthan
The Director General Of Police
The Superintendent Of Police, Bharatpur Distt
Mohammad Rafiq
Narendra Singh Dhaddha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
