Dismissed

Dileep Singh S/O Shri Mahaveer Singh v. State of Rajasthan

Rajasthan HC3 Aug 2021CW/5204/2021

Case brief

AI extract

What is this about?

The High Court of Rajasthan dismissed the writ petition challenging the petitioner's disqualification from a Constable post due to failing the prescribed height requirement, relying on a Medical Board report finding his height to be 167 cm against the required 168 cm.

What did the court decide?

The writ petition was dismissed as the Medical Board reported the petitioner's height as 167 cm, below the required 168 cm.

Dileep Singh S/O Shri Mahaveer Singh Vs State of… — Service and Employment | Rajasthan HC (2021)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN

¶2

BENCH AT JAIPUR

¶3

S.B. Civil Writ Petition No. 5204/2021

¶4

Dileep Singh S/o Shri Mahaveer Singh, Aged About 22 Years, Resident Of Rajputon Ka Mohalla, Barwas, Tehsil Todaraisingh, Distt. Tonk (Raj.) 304505.

¶5

----Petitioner

¶6

Versus

¶7

State Of Rajasthan, Through Principal Secretary, Home Department, Government Secretariat, Jaipur.

¶8

Director General Of Police, Rajasthan, PoliceHeadquarter, Lal Kothi, Tonk Road, Jaipur.

¶9

Inspector General Of Police (Recruitment), PoliceHeadquarter, Lal Kothi, Tonk Road, Jaipur.

¶10

Commandant, 9Th Battalion, R.a.c. Tonk.

----Respondents

For Petitioner(s)

For Respondent(s)

: Mr. Laxmi Kant Malpura : Dr. V.B. Sharma, AAG

¶15

HON'BLE MR. JUSTICE INDERJEET SINGH Order

¶16

03/08/2021

¶17

This writ petition has been filed by the petitioner with the

¶18

following prayers;

¶19

“It is, therefore, respectfully prayed that your Lordships may pleased to accept and allow the writ petition and by an appropriate writ, order or direction:i) the respondents may kindly be directed to conduct the physical measurement test of the petitioner through the medical board and in case the petitioner is found fit in the re-physical measurement test, the respondents may kindly be directed to give appointment to the petitioner on the post of Constable General (Non -TSP) at 9^th Battalion, RAC, Tonk;

¶20

ii) any other order or direction which this Hon’ble Court deems just and proper may also be passed in the facts and circumstances of the case”.

¶21

The candidature of the petitioner has been rejected by the

¶22

respondent(s) on the ground of not having the required height for

¶23

the post in question as per the rules which is 168cm.

¶24

This Court on 29.04.2021 passed the following order;

¶25

“Learned counsel for the petitioner submits that in the physical efficiency test which was to be conducted on 13.4.21 at

¶26

(2 of 2)

¶27

[CW-5204/2021]

¶28

G.C.-1, CRPF Ground, Gulab Badi Road, Ajmer, the height of the petitioner has been assessed as 167.1 cms instead of 168 cms by the respondent vide physical measurement test report (Annex.5), while in the constable recruitment test, where the petitioner applied for the post of Constable General (Non-TSP) for second Battalion, RAC, Kota, his height has been assessed as 168.4 cms, hence the petitioner has been wrongly disqualified.

¶29

Issue notice of the writ petition as also stay petition, returnable by 7.5.2021 and be given dasti. Additional one copy of petition along with documents be served in the office of Mr.V.B.Sharma, AAG. His name be shown in the cause list on the next date.

¶30

In the meantime, the petitioner shall present himself before the Medical Board, SMS Hospital on 3.5.2021 who shall conduct his physical examination and submit its report by 7.5.2021.

¶31

List this case on 7.5.2021 along with SBCW Pet. No. 5019/2021 (Ramniwas Vs. State)”.

¶32

I have perused the report of the Medical Board, SMS Hospital, Jaipur dated 03.05.2021. The opinion of the Medical Board is as under;

¶33

“We, the members of Medical Board physically examined the candidate and the following is the measurement of height today at 1 PM Height 167 centimeter (one hundred Sixty Seven cm).”

¶34

As per the report of the Medical Board height of the petitioner comes to 167 cm which is less than the height prescribed and required under the rules. Hence, no case for interference is made out.

¶35

Accordingly, the writ petition is dismissed.

¶36

Copy of the report of the Medical Board, SMS Hospital, Jaipur

¶37

dated 03.05.2021 is taken on record.

¶38

(INDERJEET SINGH),J

¶39

CHETNA BEHRANI /108

Dileep Singh S/O Shri Mahaveer Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Dileep Singh S/O Shri Mahaveer Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Sataya Prakash S/O Shri Dataram Vs Chief Secretary

Asharam Gurjar S/O Shri Mewarm Gurjar Vs State of Rajasthan

Dr. Abdul Mateen Son of Shri Ahamad Noor Vs State of Rajasthan

Sumitra Vs R S R T C and Ors.

Mohan Lal Gupta Son of Late Shri Mathura Prasad Gupta Vs Rajasthan Agriculture Marketing Board

Jaswant Singh Son of Shri Bhoop Singh Vs State of Rajasthan