The High Court dismissed a contempt petition alleging non-compliance with an order to re-conduct physical efficiency tests. The Court held that the respondents substantially complied as the petitioner was found ineligible due to being underweight.
No relief granted; reminders discharged; case closed.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Contempt Petition No. 117/2021
In
S.B. Civil Writ Petition No.1991/2019
Manisha Gurjar D/o Prahlad W/o Rajesh Kumar Gurjar, Aged About 24 Years, R/o Village Jarkhoda, Tehsil Nainwa, District Bundi, At Present R/o Village Jhundwa, Tehsil Uniyara, District Tonk.
----Petitioner
Versus
----Respondents/Contemnors
For Petitioner(s) : None Present For Respondent(s) : Mr. Rajesh Maharshi, AAG
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order
21/03/2023
Inviting attention of this Court towards the order dated 28.04.2021 (Annexure-R/1) passed by the Superintendent of Police, Recruitment & Promotion Board, Jaipur, learned counsel for the respondents submits that the petitioner was subjected to PET/PST in pursuance of direction of this Court dated 06.08.2020;
(2 of 2) [CCP-117/2021]
but, was not found fit for appointment on the post of Constable being underweight. He, therefore, prays for dismissal of the contempt petition.
None for the petitioner even in second round. None appeared on her behalf on last two dates also, i.e., 10.03.2023 & 01.03.2023.
This Court has, vide its order dated 06.08.2020, contempt whereof is alleged, directed the respondents to re-conduct the PET/PST for the petitioner and to accord her appointment if found eligible. A perusal of the order dated 28.04.2021 reveals that after subjecting the petitioner to PET/PST, she was not eligible for appointment being underweight.
Since, there has been substantial compliance of the order dated 06.08.2020, the contempt petition is dismissed.
Notices are discharged.
(MAHENDAR KUMAR GOYAL),J
Sudha/140
2 issues framed by the court
Whether the contempt petition against respondents for non-compliance with direction to re-conduct PET/PST should be allowed when the petitioner was found ineligible due to being underweight.
Whether substantial compliance with the earlier court order excuses the contempt initiated by the petitioner.
Manisha Gurjar
N.L. Meena
Govind Gupta
Mamta Gupta
Shiv Lal Meena
State Of Rajasthan
Mahendar Kumar Goyal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
