Dismissed

The State of Rajasthan through Its Home Secretary v. Shiv Ram Gurjar S/O Sh. Roop Singh Gurjar

Rajasthan HC26 Nov 2019SAW/687/2019

Case brief

AI extract

What is this about?

The State of Rajasthan appealed against an order allowing a respondent's writ petition for physical re-examination for the Constable post. The High Court dismissed the appeal, finding the respondent's measurements met the advertised norms. The procedure involved a separate application for which the High Court allowed a late appeal.

What did the court decide?

Appeal against the order allowing the respondent's physical re-examination for the post of Constable was dismissed.

The State of Rajasthan through Its Home… — Pension and Retirement Benefits | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Special Appeal Writ No. 687/2019

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The State Of Rajasthan Through Its Home Secretary, Secretariat, Jaipur (Raj.)

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The Director General Of Police Rajasthan, Lalkothi, Jaipur (Raj.)

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The Superintendent Of Police, District Karuli, Rajasthan.

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----Appellants

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Versus

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Shiv Ram Gurjar S/o Sh. Roop Singh Gurjar, Aged About 24 Years, R/o Village Bala Gheda, Post Bhella Pada District Karuli, Rajasthan

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----Respondent

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For Appellant(s) : Mr. Harshal Tholia on behalf of Dr. V.B. Sharma, Additional Advocate General For Respondent(s) : Mr. Rishikesh Sharma

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HON'BLE MRS. JUSTICE SABINA HON'BLE MR. JUSTICE ABHAY CHATURVEDI

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Judgment / Order

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26/11/2019

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State has filed this appeal challenging the order dated 12.11.2018, passed by the learned Single Judge in Civil Writ Petition No. 20991/2018.

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We have heard the learned State Counsel and have gone through the record available on record carefully.

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Respondent had filed writ petition seeking a direction that he be got re-examined physically from S.M.S. Medical College, Jaipur, Rajasthan, so that he could be considered for the post of Constable advertised by the State for the year 2018.

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On 5^th October, 2018, a direction was issued to S.M.S. Medical College, Jaipur, Rajasthan to constitute a Medical Board with a view to take chest and height measurement of the respondent. In compliance of the said order, respondent was physically examined on 8^th October, 2018 and it was opined that the height of respondent was 168 cms. His normal chest measured 83 cms and expanded chest measured 89 cms.

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A perusal of the advertisement attached as Annexure-1 to the writ petition reveals that the minimum height required for Male Constable was 168 cms and the minimum requirement for unexpanded chest was 81 cms and expanded chest was 86 cms. Since the measurement of the petitioner came within the required norms for the appointment to the post of Constable, learned Single Judge rightly allowed the writ petition filed by the respondent.

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No ground for interference is made out.

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Dismissed.

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(ABHAY CHATURVEDI),J (SABINA),J

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Pcg/23

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Civil Misc. Application No.464/2019

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D.B. Special Appeal Writ No. 687/2019

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The State Of Rajasthan Through Its Home Secretary, Secretariat, Jaipur (Raj.)

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The Director General Of Police Rajasthan, Lalkothi, Jaipur (Raj.)

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The Superintendent Of Police, District Karuli, Rajasthan. ----Appellants

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Versus

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Shiv Ram Gurjar S/o Sh. Roop Singh Gurjar, Aged About 24 Years, R/o Village Bala Gheda, Post Bhella Pada District Karuli, Rajasthan

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----Respondent

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For Appellant(s) : Mr. Harshal Tholia on behalf of Dr. V.B. Sharma, Additional Advocate General For Respondent(s) : Mr. Rishikesh Sharma

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HON'BLE MRS. JUSTICE SABINA HON'BLE MR. JUSTICE ABHAY CHATURVEDI

Judgment / Order

26/11/2019

Heard.

Application is allowed for the reasons stated therein. Delay in

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filing the appeal is condoned.

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(ABHAY CHATURVEDI),J

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(SABINA),J

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Pcg/23

The State of Rajasthan through Its Home Secretary v. Shiv Ram Gurjar S/O Sh. Roop Singh Gurjar

Case brief

What is this about?

What did the court decide?

The State of Rajasthan through Its Home Secretary v. Shiv Ram Gurjar S/O Sh. Roop Singh Gurjar

Case brief

What is this about?

What did the court decide?

What the court decided

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