The special appeal was allowed as the order under challenge rested on a Single Bench judgment (Revant Ram) that had been reversed by a Division Bench. Consequently, the lower order was set aside.
The impugned order was set aside and the special appeal was allowed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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[SAW-43/2020]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Spl. Appl. Writ No. 43/2020
----Appellants
Versus
Jai Narayan S/o Sh. Krishan Lal, Aged About 32 Years, R/o Ward No. 6, Sadul Sahar, District Sri Ganganagar (Rajasthan).
----Respondent
| For Appellant(s) | : | Mr. | Manish Vyas,AAG |
|---|---|---|---|
| For Respondent(s) | : | - |
HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE FARJAND ALI
Order
06/04/2022
Notice of the special appeal (writ) has been served on the respondent. However, no one has put in appearance on his behalf.
This special appeals (writs) is directed against the order dated 06.12.2018 passed by the learned Single Bench of this Court whereby, the S.B. Civil Writ Petition No.18684/2018 preferred by the respondent was allowed while relying on another Single Bench judgment in the case of Revant Ram Meghwal & Ors. Vs. State of Rajasthan & Ors. (S.B. Civil Writ No.13731/2018 decided on 27.11.2018) , wherein, while considering controversy pertaining to the physical efficiency test
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[SAW-43/2020]
held by the police officials on 08.09.2018 at Kota, it was determined that the track was swampy, muddy and potholed and as a consequence thereof, the result was quashed and the writ petitioners were given one more opportunity to face the physical efficiency test.
Shri Manish Vyas, learned AAG, drew the Court’s attention to the judgment dated 31.07.2019 rendered by the Division Bench of this Court in D.B. Special Appeal (Writ) No.124/2019, whereby, the Single Bench judgment in the lead case of Revant Ram has been reversed. Shri Vyas also pointed out that the Special Appeal preferred by one of the candidates, namely, Maunni Nath, has also been dismissed by Hon’ble the Supreme Court vide order dated 14.10.2019. The orders impugned in these two special appeals are based on the Single Bench judgment in the case of Revant Ram, which has since been reversed.
As a consequence, the impugned order cannot be sustained and is hereby set aside. The instant special appeal is allowed in these terms.
(FARJAND ALI),J
(SANDEEP MEHTA),J
25-/Devesh/-
1 issue framed by the court
Whether the impugned order relied on the Revant Ram judgment can be sustained given that the lead case has been reversed by a Division Bench.
Colour shows how this judgement treated each authority
Revant Ram Meghwal & Ors. Vs. State of Rajasthan & Ors.Distinguished¶18
Revant Ram Meghwal & Ors. Vs. State of Rajasthan & Ors. (S.B. Civil Writ No.13731/2018)
D.B. Special Appeal (Writ) No.124/2019Followed¶22
D.B. Special Appeal (Writ) No.124/2019
State Of Rajasthan
Jai Narayan
Sanjeev Mehta
Farjand Ali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
