A special appeal challenging the dismissal of a writ petition filed by a female applicant against her disqualification from a recruitment drive. The division bench held that the appellant failed the Physical Efficiency Test as she could not complete the required 17 laps within 30 minutes and dismissed the appeal.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
D.B. Special Appeal Writ No. 340/2019
In
S. B. Civil Writ Petition No.23733/2019
Komal Kumari D/o Shri Girdhar Singh, Aged About 31 Years, Resident Of Village Rewai, Post Mahu Ghonsla, Tehsil Hindaun City, District Karauli.
----Appellant
Versus
----Respondents
For Appellant(s) : Mr. Devendra Sharma, Advocate on behalf of Mr. Bal Ram Vashisth, Advocate For Respondent(s) : Mr. Harshal Tholia, Advocate on behalf of Dr. Vibhuti Bhushan Sharma, Additional Advocate General
HON'BLE MRS. JUSTICE SABINA HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Order
05/12/2019
Appellant has filed the appeal challenging the order dated 07.01.2019 passed by the learned Single Judge, whereby writ petition filed by the appellant was dismissed.
Learned counsel for the appellant has submitted that the appellant had been erroneously disqualified. In fact, the appellant had completed the race within prescribed period.
(2 of 3)
[SAW-340/2019]
Learned State Counsel has opposed the appeal and has submitted that in fact, the appellant had failed in the Physical Efficiency Test as candidates were required to complete 5 Kms running within 30 minutes or were required to run 17 laps within 30 minutes. Learned State Counsel has placed on record the documents, wherein it has been stated that a candidate was required to run 5 Kms or complete 17 laps within the prescribed time period. All the candidates who had failed to complete 17 laps within 30 minutes, had been disqualified.
The result report of Physical Efficiency Test, Batch-2 (Female) held at Lohangarh Stadium, Bharatpur on 05.09.2018, has been placed on record.
Although, in the written statement filed by the respondents in the writ petition, it was mentioned that a candidate was required to run 13 laps within 30 minutes but during appeal, it has been clarified by the respondent-State by way of affidavit of Deputy Superintendent of Police, Karauli dated 18.07.2019, that a candidate was required to run 5 Kms or complete 17 laps in 30 minutes in order to qualify the Physical Efficiency Test. Since, the appellant had completed only 15 laps in about 32 minutes, she had failed to qualify the Physical Efficiency Test.
A perusal of the result report of Physical Efficiency Test(Female) placed on record by learned State Counsel reveals that only one candidate had cleared the Physical Efficiency Test whereas 16 candidates including the appellant had failed to qualify the Physical Efficiency Test as none of them had completed 17 laps within 30 minutes. Name of the appellant is mentioned at Serial No.10 in the list candidates, who had appeared for Physical Efficiency Test in Batch-2 on 05.09.2018.
(3 of 3)
[SAW-340/2019]
Keeping in view the facts and circumstances of the present
case, no ground for interference is made out.
Dismissed.
(NARENDRA SINGH DHADDHA),J
(SABINA),J
Gourav/Jatin /47
1 issue framed by the court
Whether the appellant was correctly disqualified for failing to complete 17 laps within 30 minutes in the Physical Efficiency Test.
Komal Kumari
State Of Rajasthan
SABINA
DHADDHA
As recorded by the court registry
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