SATYA NARAYAN Vs. STATE OF RAJASTHAN
LAWS(RAJ)-2017-4-300
HIGH COURT OF RAJASTHAN (AT: JAIPUR)
Decided on April 28,2017

SATYA NARAYAN Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

- (1.) The petitioner had applied for the post of Fireman. The petitioner during Physical Efficiency Test, could not meet the standards laid by the respondents as measurement of his chest was not as per the prescribed standards.
(2.) The learned counsel for the respondents has submitted that this Court on 18.4.2017 already qua the same recruitment had disposed of bunch of writ petitions, lead case being Radheshyam Gurjar and Anr. vs. State (Local Self Dept) Ors., SBCWP No.17499/2016, and hence, the present petition be also disposed of in same terms. The order dated 18.4.2017, passed by this Court in bunch of writ petitions, reads as under:- " By this common order, seventeen writ petitions, bearing Nos. SBCWP Nos. 17499/2016, 17507/2016, 17592/2016, 17806/2016, 17890/2016, 17918/2016, 18004/2016, 18077/2016, 18094/2016, 18233/2016, 18301/2016, 18503/2016, 18525/2016, 246/2017, 258/2017, 572/2017 and 3022/2017 shall be decided together. The learned counsel for the petitioner/petitioners and Mr. Deen Dayal Shama, Dy. Government Counsel appearing for the respondents are in agreement that the petitioner/petitioners being meritorious have been ousted from the selection process, as they could not meet the physical standards laid by the respondents. It is contended by the learned counsel for the respondents that the petitioner/petitioners are not having requisite height and chest circumference with inhalation and exhalation. Briefly stated, the respondent Local Bodies had issued an advertisement on 30.12.2015, for recruitment to the post of Fireman for various municipalities in the State of Rajasthan. The petitioners undertook online written examination and made to the merit list. Petitioners were called for physical efficiency test. The Local Self Department had issued a notification on 16.5.2011, wherein by amendment, rule 15(a) was added and therein height, weight and chest standards were laid. The relevant portion of the notification reads as under:- "Provided that in the matter of direct recruitment for the posts mentioned under sub- head (H) of head "(A) SUBORDINATE SERVICE"
(3.) of the Schedule of these rules for physical fitness, the following physical standards shall be mandatory, namely:- (i) For Male Candidates (a) Height: 165 cms. (b) Weight: 50 kg (c) Chest: Normal - 81 cms Expanded - 86 cms. (ii) For Male Candidates belonging to Scheduled Tribes: (a) Height: 160 cms. (b) Weight: 50 kg (c) Chest: Normal - 76 cms, Expanded - 81 cms. (iii) For Female Candidates (a) Height: 152 cms. (b) Weight: 47.50 kg" ;


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