SHARMA, J. - (1.) THIS Court in earlier writ petition No. 4856/1997 instituted by the petitioner directed on December 4, 1997, as under- " (i) The petitioner shall appear before the Director, Police Tele-Communication, Ghat Gate, Jaipur on 8. 12. 1997 and the requisition shall be given to him by hand. The petitioner shall hand over the requisition to the Superintendent of SMS Hospital who in turn shall constitute a Medical Board within three days and the date of examination shall be notified to the petitioner immediately on getting the requisition. (ii ). The Medical Board shall examine/ verify the chest measurement of the petitioner and send its report to the Director, Police Tele-Com-munication, Ghat Gate, Jaipur, within a week from the date of examination. (iii ). After getting the medical report, the Selection Board shall proceed further and process candidature of the petitioner and if he is found to be eligible as per the medical examination and is selected as per his merit, necessary orders shall be passed for his appointment in accordance with law. "
(2.) IN pursuance to the aforesaid directions a letter was issued from the office of the Director Police (Telecom) Rajasthan Jaipur wherein the Superintendent was asked to constitute a Medical Board for physical examination of three persons inc-luding the petitioner. The Medical Board was accordingly constituted under the Chairmanship of Professor and Head of the Department with two Members and the petitioner appeared before the Medical Board for the post of Police INspector (Tele-communication) in Rajasthan Police Subordinate Service. As per the report of the Medical Board, the height of the petitioner without shoes was found to be 182 cms. and the petitioner's girth of chest was found to be 86 cms. after full inspiration and 81 cms after full expiration. The Member Secretary of the Selection Committee issued a letter dated 18. 3. 1998 to the petitioner wherein he was asked to be present himself in Rajasthan Police Academy Nehru Nagar, Jaipur on March 31, 1998 at 9. 00 a. m. in the Stadium premises for physical fitness examination and interview for the post of Police INspector (Tele-communication ). On March 31, 1998 the time which was given to the petitioner for completing 2. 4. kms. run was 9 to 10 and half minutes and the petitioner could not cover the said run of 2. 4 kms. in the prescribed time, therefore, his candidature for the post of Police INspector (Tele-communication) was rejected. The petitioner in the instant writ petition has prayed that action of the respondents in rejecting the candidature of the petitioner be declared arbitrary and unconstitutional and the respondents be directed to consider the case of the petitioner for appointment to the post of Police Inspector (Tele-communicaton) strictly in view of the directions issued by this Court on December 4, 1997. The respondents in their written statement pleaded that the petitioner was called for physical fitness examination on March 31, 1998 at 9. 00 a. m. The respondents have incorporated the criterion for the physical efficiency test in para No. 6 of their written statement, thus- " Inspector of Police (Tele/operation) Physical Efficiency Test". The following standards have been laid down by the D. G. Rajasthan for the purpose: Item Time Total Marks 100 1. For Male (i) upto 9 Minutes 100 marks 2. 40 kms. Run (ii) From 9 to 10 minutes 75 marks (iii) From 10 to 10. 30 minutes 50 marks (iv) From 10. 30 to 11 minutes 40 marks (v) From 11 to 11. 30 minutes 30 marks (vi) Beyond 11. 30 minutes 00 marks The petitioner completed 2. 40 kms. run in 12. 29 minutes and he was awarded zero marks and accordingly as per the criterion laid down under Rule 21 (5) of the Rajasthan Police Subordinate Service Rules, 1989 (in short the rules of 1989) he was declared ineligible for appointment to the post of Police Inspector (Tele-communication ). I have reflected over the rival submissions and carefully scanned the material on record. Sub-rules (2) and (5) of Rule 21 of the Rules of 1989 provided thus : " (2) The syllabus for the examination to be conducted by the Recruitment Board referred to in sub-rule (1) and for the Physical Efficiency Test which shall also be essential prior to interview and aptitude test by the Board under Rule 25 (2) shall be such as may be prescribed by the Director General -cum-Inspector General of Police from time to time. (5) All candidates who are declared successful under rule 21 (3) shell be required to appear before a Physical Efficiency Board, consisting of the Director General cum Inspector General of Police or his representative not below the rank of Inspector General of Police. One De-puty Inspector General of Police, one Superintendent of Police/commandant nominated by the Director General cum Inspector General of Police for physical efficiency test for various districts or groups of districts as may be notified. The physical efficiency test would be vigorous as laid down by the Director General of Police to adjudge suitability of the candidate. The physical efficiency test shall carry 100 marks and the candidate who secure 50% marks therein, shall be eligible for selection. "
(3.) RULE 14 of the RULEs of 1989 is also relevant which runs as under:- " 14 Physical Fitness.- (1) A candidate for direct recruitment of the Service must be in good mental and 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 a 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 not reduced his efficiency for the purpose. (2) Except in the case of women candidates, no candidate, who is less than 168 cms. in height and whose deflated chest measurement is less than 81 cms. and inflated less than 86 cms. shall be deemed to be physically fit: Provided that - (i) The minimum height of the candidates belonging to the Hill and the Tribal areas shall not be less than 160 cms. and their deflated and inflated chest should not be less than 79 and 84 cms. respectively. (ii) The height and weight of women candidates may not be less than 152 cms. and 47. 5. kgs. respectively. (iii ). Candidates belonging to the Scheduled Castes and Scheduled Tribes whose height and chest measurements are less by 5 cms shall be deemed to be physically fit in case requisite number of suitable SC/st candidates possessing physical fitness standards as laid down in RULE 14 (2) are not available. " A combined reading of aforesaid Rules demonstrates that the syllabus for the examination to be conducted by the Recruitment Board referred to in sub-rule (1) and for the Physical Efficiency Test which shall also be essential prior to interview and aptitude test by the Board under rule 25 (2) shall be such as may be prescribed by the Director General cum Inspector General of Police from time to time. The Director General of Police, it appears prescribed the Standards for the Physical Efficiency Test in view of sub-rule (2) of Rule 21 of the Rules of 1989. Copy of the order dated 24. 07. 1997 of the Director General of Police Rajasthan, Jaipur has been annexed with the written statement as Annexure R/1. Undeningly, in the earlier order of this Court dated December 4, 1997, no specific directions in respect of Physical Efficiency Test was given and it was only directed that after examination of the petitioner by the Medical Board, the Selection Board shall proceed further and process candidature of the petitioner and if he is found to be eligible as per the medical examination and is selected as per his merit, necessary orders shall be passed for his appointment in accordance with law. Un-der these circumstances I deem it just and reasonable to provide one more opportunity to the petition to appear in Physical Efficiency Test in view of the order dated July 24, 1997 (Annexure R/1) issued under sub-rule (2) of Rule 21 of the Rules of 1989. I am of the considered view that the order dated July 24, 1997 issued by the Director General of Police was issued in view of sub-rule (2) of Rule 21 of the Rules of 1989 and it cannot be said as unjust and arbitrary. ;