- (1.) Learned counsel for the petitioner submitted that the issue involved in this writ petition has been considered by Co-ordinate Bench of this court at Principal Seat Jodhpur in the matter of Raju Devi Vs. State of Rajasthan S.B. Civil Writ Petition No. 13486/2018 wherein on 29.09.2018 following order was passed:- These writ petitions have been filed by the petitioners seeking directions to the respondents to postpone the Physical Standard Test / Physical Efficiency Test ('PST/PET') for the petitioners and afford a reasonable time period to them to appear in and qualifying the PST/PET, post their maternity period pursuant to the Constable Recruitment-2018 initiated vide advertisement dated 25.05.2018 and grant them appointment on the post of Constable (GD), if they find place in the merit list with all consequential benefits. The respondents issued an advertisement dated 25.05.2010 (Annex.1) for recruitment to the post of Constable. The candidates were required to pass three stages i.e. (1)- written examination, (2)- PST, and (3)- PET. Under the clause pertaining to PET, it was inter-alia indicated as under :- varticular text omitted The petitioners submitted their on-line application forms against the vacancies notified and appeared in the written examination. In the list of candidates declared qualified for second phase of selection process i.e. PST/PET, all the petitioners qualified and their admit cards for appearing in the PST/PET on respective date as indicated in the advertisement were uploaded calling upon the petitioners to appear for PST/PET.
(2.) It is inter-alia indicated that for the purpose of PST, the requirement of weight is 47.5 kg. maximum and for PET, the candidates are required to undertake 5 km run, which is required to be completed within maximum 30 minutes with different marks for completing the run within different periods. It is further indicated that the petitioners are at various stages of pregnancy, documents in this regard have been annexed with the writ petition. Submissions have been made that the petitioners are not in position to undergo PST/PET due to their physical condition i.e. pregnancy, as such, they approached the respondents, apprised them about the above fact and made request for grant of reasonable time for undertaking PST/PET. However, in view of Clause (11) of the advertisement, as noticed herein-before, it was indicated that no separate PST/PET can be held and consequently, they were denied any extension in this regard.
(3.) It is submitted by learned counsel for the petitioners that the issue raised in the present writ petitions is squarely covered by judgment in the case of Laxmi Devi v. State of Rajasthan & Ors . : 2017 LabIC 3188, wherein it was held that the action of the respondents in not granting indulgence to the petitioners to qualify PST/PET because of their pregnancy is illegal and arbitrary and the provisions of the standing order to that extent is not sustainable and therefore, the writ petitions filed by the petitioners deserve to be accepted and the respondents may be directed to afford reasonable time period to the petitioners to appear for PST & PET post their maternity period.;