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Judgment
The case of the petitioner is that he having passed the written examination for appointment to the post of Constable under the Rajasthan Police Subordinate Service Rules, 1989 (hereafter 'the Rules of 1989') held pursuant to the advertisement dated 25.5.2018, he was called for the Physical Standard Test (PST) and thereafter required to participate in the Physical Efficiency Test (PET) on 10.9.2018 at Jaipur which entailed running 5 kms within the prescribed time. The petitioner submits that at the time the PET under the Rules of 1989 was conducted on 10.9.2018 at Jaipur, he has successfully completed his 5 km race within prescribed time but the chip on the petitioner's shoes did so reflect the reasons of which he was declared unsuccessful in the PET. It has been prayed that in the circumstances the video footage of the petitioner's PET be viewed by the Court and his PET be conducted afresh.
Heard. Perused the petition. Considered.
Admittedly the petitioner's PET was held on 10.9.2018 at Jaipur. This petition has been filed on 13.11.2018 after an inordinate and unexplained delay of over two months. The delay in approaching this court is infact indicates that the case set up by the petitioner is a mere afterthought/ with a cynical intent to misuse the discretionary jurisdiction of this court. That cannot be countenanced by the court. Meantime appointments have been made and training of Constables underway. There is also nothing positive on record inspiring confidence to show that any grievance as now agitated in this petition was set forth by the petitioner at the relevant time. There is nothing on record to even prima facie justify the petitioner's allegation. Contrarily the presumption under Section 114 of the Evidence Act, 1872 as to regularity of official acts obtains against the petitioner.
In view of the overall facts of the case, I am inclined to dismiss this petition both for reasons recorded above, wherefrom neither any of the petitioner's legal or fundamental rights appear to have been infringed nor any case of arbitrariness of respondents is made out.
Petition is accordingly dismissed.