NAGAR MAL S/O PHOOL CHAND Vs. STATE OF RAJASTHAN
LAWS(RAJ)-2019-1-112
HIGH COURT OF RAJASTHAN (AT: JAIPUR)
Decided on January 16,2019

Nagar Mal S/O Phool Chand Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

ALOK SHARMA,J. - (1.) The case of the petitioners is that they applied for appointment to the post of Constable (Driver) in the unit of State Disaster Response Team, Jaipur under the Rajasthan Police Subordinate Service Rules, 1989 (hereafter 'the Rules of 1989') held pursuant to the advertisement dated 25.5.2018, having passed the written examination they were called for the Physical Standard Test (PST) and thereafter required to participate in the Physical Efficiency Test (PET) on 7.9.2018 at Jaipur which entailed running 5 kms within the prescribed time. The petitioners submit that at the time the PET under the Rules of 1989 was conducted on 7.9.2018 at Jaipur, they have not completed their 5 km race within prescribed time because they could not be informed about the date of participation in PST/PET for reason of which they lost out their lawful opportunity to be considered for appointment to the post of Constable in the unit of State Disaster Response Team, Jaipur.
(2.) Dr.Vibhuti Bhushan Sharma, AAG appearing for the respondents submitted that instruction no.xiii in the advertisement dated 25.05.2018 provided that ..[VARNACULAR TEXT UMITTED]... (as emphasized by Dr.V.B. Sharma) Dr.V.B. Sharma submitted that the above instruction clearly provided that all information pertaining to recruitment of Constables in the recruitment of 2018 from time to time would be made available on the website of the Police Department. He submitted that admit cards of the successful candidates in the written examination in respect of unit State Disaster Response Team, Jaipur were uploaded on the designated website on 4.9.2018 while the PST/PET for State Disaster Response Team, Jaipur were commenced on 7.9.2018 - a clear 3 (three) days later. The petitioners ought to have been vigilant, kept track of the Police Department website and been informed well in time of the PST/ PET date.
(3.) Dr.V.B. Sharma, submitted that if inspite of the information of the dates of PST/PET in various districts being uploaded on the website of the Police Department as provided for in the instructions in the advertisement dated 25.05.2018, the petitioners were remiss and lethargic and failed to download the requisite information timely and for this reason were unable to appear for the PST/PET on the due date, they can have no cause to agitate an alleged contravention of their legal rights before this court. Dr.V.B. Sharma further submitted that a similar issue came up before the Principal Seat at Jodhpur in the case of Ved Prakash Versus State of Rajasthan and Others, SBCWP No.18065/2018 decided on 27.11.2018. Therein while dismissing the petition the court held that as the requisite information with regard to the holding of PST/PET was uploaded on the website of the Police Department as indicated in instruction no.xiii of the advertisement dated 25.05.2018, the respondent-Police Department could not be held responsible for the failure of the petitioners to keep abreast with the available information as to the dates of the PST/PET and be directed to provide another opportunity for PST/PET to the petitioners who had failed to act in accordance with instructions for the recruitment process. The court held that the delay in downloading of information in time wholly attributable to a candidate could not be a ground for interference as directed for another chance as "the petitioners cannot be heard to seek a specific personal information in this regard from the respondents.";


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