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Judgment
Contempt of the order dated 5.2.2019 in SBCWP No.423/2019 is alleged in this petition.
Mr.Harshal Tholia appearing on behalf of Dr.V.B. Sharma, AAG counsel for the respondents submitted that pursuance to the order dated 5.2.2019 a decision has been taken to select the petitioner in district Jhunjhunu as Constable in the category of Scheduled Tribe and infact for the purpose even a supernumerary post created. He submitted that however the petitioner can only be appointed in the event he satisfies, like others appointed, the other requisites unrelated to the petition decided on 5.2.2019 such as passing the medical test and verification of his character antecedents being positively made. Mr.Harshal Tholia submitted that this exercise is likely to be completed in the next two weeks but as far as the compliance with the order dated 5.2.2019 passed by this court is concerned, it has been made.
Mr.Ankur Saxena appearing for the petitioner submitted that further conditionalities for the petitioner's appointment adverted to Mr.Harshal Tholia submissions are reflective of the petitioner's potential non-appointment despite the order passed by this court and his selection thereon.
Heard. Considered.
The order of this court passed on 5.2.2019 was confined to evaluating the petitioner's merit for appointment as Constable in district Jhunjhunu in the ST category without his being treated as having passed on the physical standard test by resort to relaxation under Rule 14 (2) of the Rajasthan Police Subordinate Service Rules, 1989 (hereinafter 'the Rules of 1989') available to Scheduled Tribe candidates. Nothing more. That compliance has now been made and the petitioner has been selected as per his merit without being pushed down thereon for purported relaxation in passing the Physical Standard Test under the Rules of 1989. Appointment following the aforesaid selection is dependent, like for all others selected, on the petitioner now passing the medical test and the verification of his character antecedents being positive. There is no reason for this court to assume that anything deliberate to the detriment of the petitioner will be done in that process. If indeed yet it is, the petitioner would be free to approach this court with any grievance in regard thereto as he may have.
As far as this petition is concerned, it stands accordingly disposed of as order dated 5.2.2019 in SBCWP No.423/2019 passed by this court has been complied with.