Writ petition challenging the legality of a notification for a physical fitness test and seeking relaxation in the run distance. Court dismissed the petition, holding candidates must comply with uniform physical fitness parameters regardless of notice timing.
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[2023/RJJD/003999]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ Petition No. 325/2020
Mahendra Singh S/o Shri Kalyan Singh, Aged About 27 Years, R/o 8-A/102, Kudi Bhagatasni Housing Board, Jodhpur, Rajasthan.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Dheerendra Singh Sodha. For Respondent(s) : Mrs. Vandana Bhansali, AGC.
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
04/02/2023
This writ petition under Article 226 of the Constitution of India has been preferred claiming the following reliefs:
“(a) The record of the case may kindly be called for.
(b) By an appropriate writ, order or direction, the letter/communication dated 15.10.2019 (Annex.12) may be declared illegal and the same may be quashed and set aside.
(c) By an appropriate writ, order or direction, the respondents may kindly be directed to offer appointment, to petitioner on the post of Constable by re-conducting his physical proficiency test;
(d) In the alternative, it is humbly and respectfully prayed that the respondents may kindly be directed to grant relaxation in favour of the petitioner and the run of ten kilometers i.e. 25 x 400 Mtrs. Round completed by the petitioner in 70:51:00 instead
(2 of 2)
[2023/RJJD/003999]
[CW-325/2020]
of 60 minutes may be considered good/sufficient for appointment on the post of Constable;
(e) Any other appropriate writ, order or direction, which is favourable to the petitioner in the facts and circumstances of the case may kindly be granted to the petitioner.”
Learned counsel for the petitioner submits that since the petitioner got the intimation for the race only two days before; he could not practice and comply with the parameters of race.
Learned Additional Government Counsel appearing on behalf of the respondents opposes the submissions made on behalf of the petitioner.
After hearing learned counsel for the parties as well as perusing the record of the case, this Court is of the firm opinion that the races are of adjudging the physical fitness parameters for a uniform personnel and even if a person, who is already undergoing a recruitment process ought to be ready to comply with the parameters of race, which includes the physical fitness at any given time, and thus, a last moment information, particularly when it is two days before, does not call for any interference.
In view of the above, the present petition no more survives and the same is accordingly dismissed. All pending applications stand disposed of.
(DR.PUSHPENDRA SINGH BHATI), J.
130-Zeeshan
1 issue framed by the court
Whether a last-minute notification for a physical proficiency test two days before the race warrants judicial intervention.
Mahendra Singh
State Of Rajasthan
DR.PUSHPENDRA SINGH BHATI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
