ALOK SHARMA, J. - (1.) This petition has been filed with the following payers:- It is, therefore, humbly prayed that Your Lordhips may graciously be pleased to accept and allow this writ petition and; i) by appropriate writ order or direction the respondents may kindly be directed to give appointment to the petitioner on the post of Constable (GD) in ST category by treating as fit in the Chest as per the certificated dated 26.12.2018 issued by Medical Officer, Govt. Hospital Nawalgarh, Jhunjhunu or in alternative the respondents may be directed to constitute a medical board with regard to re-measurement of Chest of the petitioner and if he found in Chest then he may be give appointment on the post of Constable (GD) under ST category in District Jhunjhunu pursuant to advertisement dated 25.5.2018 with all consequential benefit. ii) Any other relief which this Hon'ble Court deems just and proper in the facts and circumstances of the case may also be given in favour of the Petitioner. The matter coming up before this court on 18.01.2019, a copy of the petition was furnished to Dr.V.B. Sharma, AAG and it was directed that his name be shown in the cause list. It has been so shown.
(2.) The Court further directed as under:- "Counsel for the petitioner submitted that the petitioner applied in Scheduled Tribe quota for the post of Constable (General Duty) in District Jhunjhunu pursuant to the advertisement dated 25.05.2018. He was admitted thereto, wrote the requisite examination and passed it. The petitioner was then required to participate in the PST/ PET held at Jaipur on 29.08.2018. The result of the successful candidates was declared and uploaded on the website of the Police Department in the fourth week of November 2018. Therefrom it is evident that despite having 49.25 marks, which is more than the cut off mark of 47.75 on which appointment in the ST category on the post in issue have been made, the petitioner was not appointed as a Constable. It has been submitted that on inquiries made it has transpired that the petitioner was not appointed as he had been pushed down in the merit of selected candidates in the Scheduled Tribe category in District Jhunjhunu with reference to Rule 14 (2)(III) of Rajasthan Police Subordinate Service Rules, 1989 (hereinafter 'the Rules of 1989') for the purported reason that in the course of PST his chest when normal was measured at 78.6 cms as against the minimum requirement is 81 cms under the Rules of 1989. It has been submitted that the petitioner has the requisite normal chest measurement and did not require any relaxation to pass the PST on that count. It has been pointed that the petitioner's chest measurement duly inflated was found by the PST as 87.1 cms much above the minimum 86 cms under the Rules of 1989. Having heard the counsel for the petitioner I am of the considered view that in the facts of the case and issue agitated in this petition, it will be appropriate to direct the Superintendent, SMS Medical College and Hospital, Jaipur to constitute a three member medical board on or before 28.01.2019. The said Medical Board shall then physically examine the petitioner on his chest (inflated and deflated) parameters on 30.01.2019. The petitioner should report to the Superintendent, SMS Medical College and Hospital, Jaipur on 30.01.2019 at 10:30 AM for his physical examination by the Medical Board as directed above--alongwith a copy of this order. Put up on 05.02.2019. In the meantime, one post for the Scheduled Tribe category in district Jhunjhunu be kept vacant. The Registrar (Judicial) is directed to convey a copy of this order to the Superintendent, SMS Medical College and Hospital, Jaipur. A copy of this order also be furnished in advance by the petitioner to Superintendent, SMS Medical College and Hospital, Jaipur. The report of the Medical Board, constituted hereinabove as, obtaining after the petitioner's physical examination be furnished to this Court on or before 01.02.2019."
(3.) Pursuant to the court's direction on 18.1.2019 the Superintendent, SMS Medical College, Jaipur constituted a medical board of three doctors who examined the petitioner's chest circumference when deflated and inflated. It was found by the Medical Board on the petitioner's physical examination on 30.1.2019 that when deflated the petitioner's chest was 84 cms and inflated 89 cms. The petitioner's height is admittedly 169.8 cms as measured in the course of Physical Standard Test by the Police Department itself.;