The High Court Bench dismissed the D.B. Civil Special Appeal arguing there was no error in the Single Judge directing re-measurement of the petitioner's chest during the writ petition pendency, resulting in the petitioner being found medically fit before the final order.
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.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
D.B. Civil Special Appeal (Writ) No. 492/2022
In
S.B. Civil Writ Petition No.5356/2021
----Appellants
Versus
Parmeshwar Meena S/o Amba Lal Meena, Aged About 27 Years, R/o Village Beeramata Post Biletha Tehsil Jahajpur District Bhilwara Rajasthan.
----Respondent
For Appellant(s) : Mr. Rajesh Maharshi, Additional Advocate General through Video Conferencing.
HON'BLE THE ACTING CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE SAMEER JAIN
Judgment / Order
04/04/2022
Though, learned counsel for the State would submit that the learned Single Judge has wrongly directed re-measurement of chest without there being any specific provision in that regard, we find that during the pendency of the writ petition itself interim directions were issued by the learned Single Judge on 04.05.2021 & 24.05.2021, whereafter, re-measurement was done and the writ petitioner was found medically fit. The writ petition came to be
(2 of 2)
[SAW-492/2022]
finally decided on 11.08.2021 on the basis of the re-measurement so done long before the final order was passed by the Court. In view of the above consideration and the facts and circumstances of the case, we are not inclined to interfere in this particular case.
Accordingly, this appeal is dismissed.
(SAMEER JAIN),J (MANINDRA MOHAN SHRIVASTAVA),ACTING CJ
Sanjay Kumawat-10
1 issue framed by the court
Whether the High Court should interfere in the Single Judge's direction for re-measurement of the petitioner's chest during the pendency of the writ petition.
The State Of Rajasthan, Through Its Home Secretary, Secretariat, Rajasthan, Jaipur
The Secretary, Department Of Personnel, Government Secretariat, Jaipur
The Director General Of Police (Recruitment), Police Headquarter, Rajasthan, Jaipur
The Commandant, 10Th Battalion, Rct, Bikaner
Parmeshwar Meena
Manindra Mohan Shrivastava
Sameer Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
