Petitioner challenged disqualification in a recruitment drive, claiming incorrect calculation in a running test. The Court dismissed the writ petition, noting the entire process concluded long ago and all posts are filled, leaving no scope for relief at this belated stage.
No relief granted; recruitment process completed and posts filled.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 13157/2011
Asveer Singh S/o Shri Gajraj Singh, aged about 21 years, R/o Singravali, Post Kot, Tehsil Bayana, Distt. Bharatpur (Raj.).
PETITIONER
VERSUS
NON-PETITIONERS
For Petitioner(s) : None. For Respondent(s) : Mr. PS Naruka for Mr. Rupin Kala, GC
HON'BLE MR. JUSTICE ANOOP KUMAR DHAND
Order
22/08/2023
Instant petition has been filed by the petitioner with the
following prayer:
“It is, therefore, most respectfully prayed that your Lordships may graciously be pleased to admit and allow this writ petition and: -
(i) Issue a writ order or direction in the nature thereof thereby quash and set aside the order dated 30.8.2011 (Annexure-7) and consequently. (ii) By further writ order or direction the petitioner may be declared qualified in physical (running) test.
(iii) By further writ order or direction, the respondents may be directed to provide Video recording to the petitioner or this Hon'ble Court.
(2 of 3)
[CW-13157/2011]
(iv) By further writ order or direction alternatively direct the respondents to conduct fresh physical (running) test of the petitioner.
(v) Issue any other writ order or direction, which this Hon'ble Court deems fit and proper, may kindly be passed in favour of the petitioner.
(vi) Cost of the writ petition be also awarded in favour of the petitioner.”
Contents of the petition indicates that pursuant to the advertisement dated 14.10.2010 the petitioner participated in the process for selection for appointment on the post of Constable. The grievance of the petitioner is that inspite of running 10 Kms in 60 minutes his rounds were calculated incorrectly, hence for redressal of his grievance, he approached this Court by way of filing S.B. Civil Writ Petition No.10294/2011 and the same was disposed of by this Court vide order dated 08.08.2011 and the respondents were directed to consider and decide the representation of the petitioner. In pursuance of the said directions issued by this Court the matter was examined by the respondents again and it was found that the petitioner has completed 9.2 Kms run in 23 rounds while the petitioner and all candidates were supposed to run 10 kms in 60 minutes. Since the petitioner has failed to complete his required run within the stipulated time, hence the respondents have rejected the candidature of the petitioner vide impugned order dated 30.08.2011.
Looking to the aforesaid facts and circumstances of this case the petitioner is not entitled to get any relief. Even otherwise also the entire recruitment process arising out of the advertisement dated 14.10.2010 has been completed long back and all advertised posts have been filled and no posts are lying
[CW-13157/2011]
(3 of 3)
vacant. Hence, at this belated stage, no relief can be granted to the petitioner.
The writ petition is dismissed accordingly. Stay application and all applications (pending, if any) also stand dismissed.
(ANOOP KUMAR DHAND),J
KuD/83
3 issues framed by the court
Whether the petitioner is entitled to any relief regarding disqualification due to running test failure after the recruitment process is fully completed.
Whether the recruitment authorities are directed to provide video recording of tests or conduct fresh tests when all posts are already filled.
Whether a writ petition filed years after the recruitment process concluded can yield any substantial relief.
Asveer Singh
State of Rajasthan
Director General of Police, Rajasthan
Commandant, 6th Battalion RAC
Anoop Kumar Dhand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
