Disposed

Chiman Lal Labana v. the Secretary

Rajasthan HC2 Jun 2023CW/6062/2023

Case brief

AI extract

What is this about?

This writ petition concerned a discrepancy in the petitioner's chest measurement for the Forest Guard post. The High Court directed an independent medical board, whose subsequent report found the petitioner qualified, to be considered, and consequently, disposed of the petition by directing the respondents to consider the petitioner's candidature.

What did the court decide?

Petitioner directed to appear for independent measurement; Board constituted; Respondents directed to consider petitioner's candidature based on Board report; Petition disposed.

Chiman Lal Labana Vs the Secretary — Service and Employment | Rajasthan HC (2023)

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[2023:RJ-JD:18814]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 6062/2023

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Chiman Lal Labana S/o Shri Kewal Chand Labana, Aged About 25 Years, Resident Of Village And Post Mada, Tehsil Dungarpur, District Dungarpur

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----Petitioner

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Versus

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The Secretary, Rajasthan Staff Selection Board, Rajya Krishi Prabandh Sansthan Parisar, Durgapura, Jaipur.

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The State Of Rajasthan, Through The Principal Secretary, Forest Department Jodhpur (Raj.)

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----Respondents

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For Petitioner(s) : None For Respondent(s) : Mr. D.S. Jasol

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HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

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Order

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02/06/2023

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The present writ petition has been filed with the following

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prayers:-

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"I. The respondents may kindly be directed to declare the petitioner successful by declaring him that he is within the physical criteria as fixed under the advertisement dated 11.11.2020 (Annex.1) and allow him for further selection process for the post of Forest Guard and offer him appointment on the post of Forest Guard pursuant to advertisement (Annex.1).

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II. In alternative, the respondents may kindly be directed to re-conduct the chest test of petitioner physical examination in pursuant to advertisement (Annex.1).

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This Court after having considered the submission made on behalf of the parties passed an order on 25.05.2023 in the following terms:-

[2023:RJ-JD:18814]

[CW-6062/2023]

(2 of 3)

“Heard learned counsel for the petitioner.

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Learned counsel for the petitioner submits that in the selection process for the Forest Guards, the chest measurement of the petitioner is found below 84 cms, however, the chest measurement taken by Community Health Center, Gamdi -Ahada, Dungarpur is normal 95 cms and expanded 100 cms. Learned counsel, therefore, submits that there is difference of measurement of the chest of the petitioner by the authorities of the respondent Department and Community Health Center, Gamdi Ahada, Dungarpur. Therefore, the chest measurement of the petitioner may be got done from an independent body.

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In that view of the matter, the Superintendent of All India Institute of Medical Sciences, Jodhpur is directed to constitute a Medical Board consisting of three persons who will take measurement of the chests of the petitioner and submit a report to this Court.

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The petitioner is directed to appear before the Superintendent of All India Institute of Medical Sciences, Jodhpur, along with copy of this order on 26/05/2023.

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Learned counsel for the respondent may depute a representative on 26/05/2023 before the Superintendent of All India Institute of Medical Sciences, Jodhpur, if they so desire.

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Meanwhile and till the next date of hearing, the respondents shall keep one post of Forest Guard vacant.

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Shri Digvijay Singh Jasol, learned counsel, appears for the respondents and seeks some time to file reply.

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Time prayed for is allowed.

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List in the month of July, 2023.

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In pursuance of the direction issued by this Court on 25.05.2023, a Board was constituted by All India Institute of Medical Sciences, Jodhpur for examination of the petitioner. The Board has submitted its report in a sealed cover before this Court.

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(3 of 3) [CW-6062/2023]

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[2023:RJ-JD:18814]

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The report is opened and the opinion of the Board reads as under:-

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Chiman Lal Labana S/o Sh. Kewal Chand Labana Opinion by the Medical Board :- On examination of the petitioner, the board has found that the Chest Measurement of the individual is as follows :-

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Chest – Normal 94 CM Expanded 101 CM

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The original copy of the report is taken on record and the registry is directed to supply the certified copy of the report received from All India Institute of Medical Sciences, Jodhpur forthwith to the parties.

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In pursuance of the report received, the respondents are directed to consider the candidature of the petitioner in terms of the report as per Rules.

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In view of the above, the present writ petition is disposed of.

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(VINIT KUMAR MATHUR),J

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C-1-/Vivek/-

Chiman Lal Labana v. the Secretary

Case brief

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Chiman Lal Labana v. the Secretary

Case brief

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