The High Court of Rajasthan dismissed the writ petition filed by a reserve candidate seeking quashing of physical efficiency test results. The court found the issue had already been decided by a coordinate bench in Kailash Chand Meena and took the same view.
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.
[2023:RJ-JP:26852]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 497/2019
Dharampal Phageria Son Of Banwari Lal, Aged About 24 Years, Resident Of Village Mana Ki Dhani, Tehsil Laxmangarh, District Sikar (Raj.)
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Mahesh Chand Gupta For Respondent(s) :
HON'BLE MR. JUSTICE ANOOP KUMAR DHAND
Order
05/10/2023
Instant petition has been filed by the petitioner with the
following prayer:
“(i) By appropriate writ, order or direction in the nature thereof thereby result of the physical efficiency test (PET) of the petitioner conducted by the respondent-selection authority may kindly be quashed and set aside and the respondentselection authority be directed to hold fresh physical efficiency test for the petitioner as schedule fixed by them and in case he comes in
(2 of 2)
[2023:RJ-JP:26852]
[CW-497/2019]
merit of OBC Category then the selection of the respondent No. 5 be quashed and set aside and further the candidature of the petitioner be considered for appointment on the post of constable (Driver Non TSP) as in terms of advertisement dated 25.5.2018 with all consequential benefits.
(ii) Any other appropriate order or direction which this Hon'ble Court deems fit and proper may kindly be passed in favour of the petitioner.”
By way of filing instant petition, the petitioner is seeking directions against the respondents to quash the result of physical efficiency test and conduct fresh test and thereafter consider his case for appointment on the post of Constable pursuant to the advertisement dated 25.05.2018.
At the outset it has been brought into the notice of this Court that the controversy involved in this petition has already been decided by the Co-ordinate Bench of this Court in the case of Kailash Chand Meena vs. The State of Rajasthan while deciding S.B. Civil Writ Petition No.14713/2019 on 18.08.2022.
This Court finds no reason to take a different view, accordingly the writ petition is dismissed. Stay application and all applications (pending, if any) also stand dismissed.
(ANOOP KUMAR DHAND),J
KuD/110
2 issues framed by the court
Whether the petitioner is entitled to a fresh physical efficiency test and appointment as constable?
Whether the petition should be disposed of differently given a coordinate bench has already decided the same controversy?
Colour shows how this judgement treated each authority
Kailash Chand Meena vs. The State of RajasthanReferred¶26
Kailash Chand Meena vs. The State of Rajasthan
Dharampal Phageria
State Of Rajasthan
Dinesh Jat
Anoop Kumar Dhand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
