Deepak Kumar vs State Of Rajasthan And Ors

The petitioner applied for recruitment as Constable Operator under the Rajasthan Police Subordinate Service Rules, 1989 (hereinafter 'Rules of 1989'), pursuant to the advertisement dated 25.05.2018. He was required to participate in the Physical Standard Test (PST) and Physical Efficiency Test (PET) on the date notified on the Police Department's website indicated in the advertisement.

The case of the petitioner is that he was not informed of the date of the PST/PET. Consequently he could not participate therein and resultantly was denied consideration for appointment to the post in issue.

Mr.H.C. Kandpal, Asst. GC appearing for the respondents submitted that instruction no.xiii in the advertisement dated 25.05.2018 provides that "भर्ती प्रक्रिया से सम्बन्धित स्थाई आदेश संख्या-12/2018, 13/2018 दिनांक 22.05.2018 एवं विज्ञप्ति विभाग की बेबसाईट www.recruitment2.rajasthan.gov.in / www.police.rajasthan.gov.in पर उपलब्ध है। भर्ती के सम्बन्ध में समय-समय पर जारी सूचना भी वेबसाइट पर उपलब्ध कराई जाएगी।"

(as emphasized by Mr.H.C. Kandpal). He has also relied upon the judgement in SBCWP No.23430/2018 titled Ramavtar Jat Versus State Of Rajasthan & Others and other connected matters decided on 05.12.2018. The said petition was dismissed as under:-

"I am of the considered view that there is no force in the petitioners' case as there is nothing on record to even remotely establish that the petitioners were in any manner obstructed technically or otherwise in failing to download-despite ample time -their admit cards from the website of the Police Department. The petitioners therefore have no case on this count. Aside of the aforesaid, as stated by Mr.H.C. Kandpal the final result for recruitment of Constable in various districts/batallions has been declared and appointments made over a month ago. Those successful are already in training in each of the districts where they were appointed as Constables. This delay in approaching the court also compounds the problem for the petitioners who as earlier held were themselves responsible for not adhering to the instructions of the advertisement and not downloading their admit cards for PST/PET, despite adequate time for the purpose and participation being available.

In the circumstances, no case of contravention of any of their legal or fundamental rights made out in this petition.

The petitions are dismissed."

For reasons set out for dismissal of SBCWP No. 23430/2018, Ramavtar Jat Versus State Of Rajasthan (supra), this petition based on similar grounds also deserves dismissal.

It is accordingly dismissed.