SBCWP No.6969/2008 Date of Order:19.01.2010 1 Of 4 IN THE HIGH COURT OF JUDICATURE FOR RAJATSHAN AT JODHPUR :: O R D E R ::: Ranjeet Singh Rathore v. State of Rajasthan & others S.B. CIVIL WRIT PETITION NO.6969/2008 :: Date of order:19th January, 2010 :: PRESENT HON'BLE MR JUSICE AJAY RASTOGI Mr Bharat Devasi, for the petitioner Mr I.S. Pareek, for the respondents BY THE COURT: Instant petitioner, who had participated in the selection process initiated by the respondents for the post of Constable (General) in pursuance of advertisement dated 07th April, 2008 (Annx.2), qualified the written examination and at the stage when he was medically examined as per requirement referred to under rule 14(2) of the Rajasthan Police Subordinate Service Rules, 1989, the SBCWP No.6969/2008 Date of Order:19.01.2010 2 Of 4 Medical Board constituted by the respondents for the purpose observed that the chest measurement of the petitioner – defalted was 89 cms and inflated was 93 cms and since the inflated chest was being found 1 cms short; was considered to be medically unfit and therefore, was not permitted to participate in further selection process in pursuance to advertisement Annx.2. 2. This Court while issuing notices of the present writ petition, by its interim order dated 10th September, 2008 directed the Principal, Medical College, Jodhpur to constitute a Board to measure chest of the petitioner and to give its report. The report has been submitted to this Court vide Annx.6. The Medical Board, who examined chest measurements of the petitioner, has observed that unexpanded chest is 87 cms and inflated (expanded) is 94 cms, which certainly discloses expansion by 5 cms in the chest measurement. SBCWP No.6969/2008 Date of Order:19.01.2010 3 Of 4 3. According to present petitioner, as per medical report Annx.6 and the requirement of rule 14 (2) of the Rules of 1989, the petitioner undisputably fulfills the requirement of chest measurement, as contemplated under the Rules. Taking note thereof, the opinion expressed by the respondents while examining the chest measurement of the petitioner can not be held to be justified in the facts of the instant case. 4. This Court finds substance in the submission made by the counsel for the petitioner that once the Medical Board constituted, under order of this Court dated 18th September, 2008, by the Principal, Medical College, Jodhpur, who held him medically fit as to chest measurements and is in conformity with rule 14 (2) of the Rules of 1989; what has been observed by the respondents in their report in regard to his fitness, can not be held to be justified. SBCWP No.6969/2008 Date of Order:19.01.2010 4 Of 4 5. Consequently, the writ petition stands allowed. Petitioner's chest measurement as evident from medical report Annx.6, in terms of physical fitness required under rule 14(2) of the Rules of 1989, is declared to be medically fit and the respondents are directed to permit the petitioner to participate in the further selection process initiated in pursuance of advertisement Annx.2 dated 07th April, 2008 and if he is finally found to be suitable, may be considered for appointment on the post of Constable (General). 5. The respondents shall ensure compliance of the order within three months. No order as to costs. [AJAY RASTOGI],J. mma