- (1.) These two special appeals one by Shri Jitendra Singh Sandu and another by the State of Rajasthan, are directed against the judgment & order dated 1312-2001 passed by the learned single Judge, whereby the writ petition was disposed of with the directions as contained in the judgment to the effect that respondent No. 3 in the writ petition i.e. Jitendra Singh Sandu appellant herein shall be examined once again by an independent Medical Board outside the State of Rajasthan and that he shall be examined at Army Hospital i.e. Army R & R Institution and Hospital, Delhi Cantt, the report shall be sent to the Government and if the respondent No. 3 i.e. the appellant herein is not found fit, the Government shall reconsider the appointment of respondent No. 3 in RPS cadre afresh and shall take all necessary legal action and until and unless the report is sent to the Government of Rajasthan the other prayers as mentioned in the writ petition cannot be accepted at this stage. Whereas both the appeals are directed against the same judgment and as identical points are involved therein, we propose to decide both these appeals by this common judgment and order as under :
(2.) A combined competitive examination was held in the year of 1999 for recruitment to the Rajasthan State and Subordinate Services. One Shri Satya Prakash who was the original petitioner and the appellant herein namely Jitendra Singh Sandu both had appeared in this examination alongwith other candidates. The result of this examination was declared an 30-12-2000. Shri Satya Prakash the original petitioner was positioned at S. No. 78 in the order of merit, whereas the appellant herein namely Shri Jitendra Singh Sandu was placed at S. No. 64 i.e. at a position higher than the original petitioner in the merit list. Both the candidates belong to Other Backward Class (OBC) category. Rule 14 of the Rajasthan Police Service Rules, 1954 provides for physical fitness of the candidates to which they are required to be subjected after the recruitment and before the appointment. Rule 14 of the Rules is reproduced as under : "14. Physical Fitness - A candidate for direct recruitment to the Service, must be in good mental or bodily health and free from any mental or physical defect likely to interfere with the efficient performance of his duties as a member of Service and if selected must produce a certificate to that effect from a Medical Authority notified by the Government for the purpose. The Appointing Authority may dispense with production of such certificate in the case of candidate promoted in the regular line of promotion, or who is already serving in connection with the affairs of the State if he has already been medically examined for the previous appointment and the essential standards of medical examination of the two posts held by him are to be comparable for efficient performance of duties of the new post and his age has not reduced his efficiency for the purpose. Provided that the minimum standards for height and Chest-girth, shall be as follows : JUDGEMENT_172_LAWS(RAJ)7_20021.html Provided further that the minimum standard for height and chest for wireless organization shall be as follows : JUDGEMENT_172_LAWS(RAJ)7_20022.html
(3.) It would be thus seen that the candidate for direct recruitment to the police service is required to be in good mental or bodily health and free from any mental or physical defect likely to interfere with the efficient performance of his duties as a member of Service. Shri Jitendra Singh Sandu appellant herein was appointed to the Rajasthan Police Service on the basis of his selection and the merit position as aforesaid after his medical examination vide order dated 15-6-2001 wherein his name was included at S. No. 2.;