“9. Granting a second opportunity or retest, under the circumstances of this case, in the court's opinion, would not be a justified exercise of judicial review powers. No doubt, the petitioners had 12 hours notice; however all others (including the 23 who participated successfully and the 90 odd others who took part) also had short notice. Furthermore, to compete in a physical efficiency test, it is not the availability of a few days or even a couple of weeks, that is important. Testing endurance parameters, is one of the important objectives of the PET, which includes a 5 km run to be completed within a stipulated time. It cannot reasonably be argued that such endurance or stamina can be built overnight or in a few days; what is essential to do so, is constant and consistent practice. If one keeps these aspects in mind, it cannot be said that the writ petitioners were placed under such tremendous disadvantage as to be the reason why they could not clear the PET. 10. Another reason, which this court has to take note of is that among the 77 odd unsuccessful candidates, only a handful have come forward, claiming prejudice. Granting the facility of a re-test to these candidates who approached the court, in the opinion of the court would mean at one stroke denying similar treatment to others who have no grievance, and more importantly creating an entirely different set of circumstances, from the one under which the rest of the candidates participated, including those who successfully cleared the PET. This aspect was highlighted recently by this court in the context of recruitment to the post of police constable, where the complaint was that the weather conditions for the 5 km run were not conducive, on account of rain, resulting in the candidates' inability to complete the PET successfully. A Division Bench of this court, held in Shravan Kumar Choudhary vs. The State of Rajasthan & Ors. (D.B. Spl. Appl. Writ No. 154/2019 Decided On: 22.05.2019) as follows:
