SBCWP No.6969/2008
Date of Order:19.01.2010
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IN THE HIGH COURT OF JUDICATURE FOR RAJATSHAN
AT JODHPUR
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O R D E R
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Ranjeet Singh Rathore v. State of Rajasthan &
others
S.B. CIVIL WRIT PETITION NO.6969/2008
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Date of order:19th January, 2010
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PRESENT
HON'BLE MR JUSICE AJAY RASTOGI
Mr Bharat Devasi, for the petitioner
Mr I.S. Pareek, for the respondents
BY THE COURT:
Instant petitioner, who had participated
in the selection process initiated by the
respondents for the post of Constable
(General) in pursuance of advertisement dated
07th April, 2008 (Annx.2), qualified the
written examination and at the stage when he
was medically examined as per requirement
referred to under rule 14(2) of the Rajasthan
Police Subordinate Service Rules, 1989, the
SBCWP No.6969/2008
Date of Order:19.01.2010
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Medical Board constituted by the respondents
for the purpose observed that the chest
measurement of the petitioner – defalted was
89 cms and inflated was 93 cms and since the
inflated chest was being found 1 cms short;
was considered to be medically unfit and
therefore, was not permitted to participate
in further selection process in pursuance to
advertisement Annx.2.
2. This Court while issuing notices of the
present writ petition, by its interim order
dated 10th September, 2008 directed the
Principal, Medical College, Jodhpur to
constitute a Board to measure chest of the
petitioner and to give its report. The report
has been submitted to this Court vide Annx.6.
The Medical Board, who examined chest
measurements of the petitioner, has observed
that unexpanded chest is 87 cms and inflated
(expanded) is 94 cms, which certainly
discloses expansion by 5 cms in the chest
measurement.
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Date of Order:19.01.2010
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3. According to present petitioner, as per
medical report Annx.6 and the requirement of
rule 14 (2) of the Rules of 1989, the
petitioner undisputably fulfills the
requirement of chest measurement, as
contemplated under the Rules. Taking note
thereof, the opinion expressed by the
respondents while examining the chest
measurement of the petitioner can not be held
to be justified in the facts of the instant
case.
4. This Court finds substance in the
submission made by the counsel for the
petitioner that once the Medical Board
constituted, under order of this Court dated
18th September, 2008, by the Principal,
Medical College, Jodhpur, who held him
medically fit as to chest measurements and is
in conformity with rule 14 (2) of the Rules
of 1989; what has been observed by the
respondents in their report in regard to his
fitness, can not be held to be justified.
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Date of Order:19.01.2010
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5. Consequently, the writ petition stands
allowed. Petitioner’s chest measurement as
evident from medical report Annx.6, in terms
of physical fitness required under rule 14(2)
of the Rules of 1989, is declared to be
medically fit and the respondents are
directed to permit the petitioner to
participate in the further selection process
initiated in pursuance of advertisement
Annx.2 dated 07th April, 2008 and if he is
finally found to be suitable, may be
considered for appointment on the post of
Constable (General).
5. The respondents shall ensure compliance of
the order within three months.
No order as to costs.
[AJAY RASTOGI],J.
mma