The High Court dismissed an appeal challenging the rejection of the appellant's writ petition. The appellant, a Constable recruit, sought a fresh Physical Efficiency Test date, but the court found no material evidence of the alleged lack of opportunity or timely representation.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Spl. Appl. Writ No. 528/2019
Kailash Saran S/o Bhanwaroo Ram, Aged About 24 Years, R/o Simrathal V.p.o. Malam Singh Ki Sid, District Jodhpur (Raj.).
----Appellant
Versus
----Respondents
For Appellant(s) : Mr. Ashok Bishnoi
HON'BLE THE CHIEF JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE DINESH MEHTA
Order
24/05/2019
The appellant/petitioner is aggrieved by the rejection of his writ petition. He had applied for the post of Constable in Rajasthan Police. The results in this case were published and uploaded on 07.09.2018, intimating that the Physical Efficiency Test (PET) would be held on 10.09.2018. The appellant’s case was that since he lived in a remote area, he became aware of the date after it passed, i.e. on 12.09.2018. The Court notices that all these aspects were gone into by the learned Single Judge who also noticed that the appellant approached the Court after three
(2 of 2)
[SAW-528/2019]
months. Besides from his assertion, there was no material on record to suggest that the appellant was deprived of the opportunity as was contended by him.
After having considered the submissions and also considered the writ petition, the Court is of the opinion that there is no merit in the appeal. The writ record also does not disclose any representation contemporaneous to 12.09.2018, to substantiate the appellant’s grievance. The appeal is accordingly dismissed.
(DINESH MEHTA),J
(S. RAVINDRA BHAT),CJ
20-skm/-
2 issues framed by the court
Whether the appellant was entitled to a fresh opportunity for the Physical Efficiency Test due to lack of notice.
Whether the appellant's delay in approaching the court warranted the cure of his grievance.
KAILASH SARAN
STATE OF RAJASTHAN
DINESH MEHTA
S. RAVINDRA BHAT
As recorded by the court registry
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