CW 2229/06 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.2229/06 Kundan Mal Versus State & Ors. DATE OF ORDER : 18/12/2008 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. Tanveer Ahmed, for petitioner Mr. M.C. Gupta, Addl. Govt. Counsel, for State *** Instant petition has been filed by petitioner of his fair consideration for the post of Constable advertised by the respondents vide order Ann.1 dt.14th June, 2005. Petitioner being eligible submitted his application for the post of Constable in pursuance of advertisement Ann.1 dt.14th June, 2005. He was permitted to appear in written examination in which he was declared successful and thereafter, called for physical efficiency test/interview. However, on his medical examination, it was opined by the Board that petitioner failed to qualify minimum physical standards laid down U/r 14 of the Rules in regard to chest - as a consequence whereof, he was declared to be unfit to participate in further CW 2229/06 [2] process of selection which was assailed by the petitioner in the instant petition. However, at the time of filing petition, petitioner placed on record the Certificate of Medical Officer of Government Hospital, Didwana wherein deflated and inflated chest measurement of petitioner was shown as 83-90 cm. [Ann.4]. However, respondents in their reply have averred that on examining physical fitness of the petitioner his deflated & inflated chest was 76- 81 cm., whereas under R.14 of the Rules requirement is 81-86 cm., thus was rightly declared to be unfit to participate in the further process of selection initiated by them in pursuance of advertisement Ann.1. This court vide order dt.12th November, 2008 directed the Superintendent, SMS Hospital, Jaipur to constitute a Board to measure chest of the petitioner in terms of R.14(2) of the Rules, 1989. In pursuance of order of this court, petitioner appeared before the Medical Board constituted by the Superintendent, SMS Hospital, Jaipur and its report has been sent to this court CW 2229/06 [3] along with letter dt.16th December, 2008 and it was opined by the Board in its report that deflated & inflated chest measurement of petitioner is 83-88 cm. which is certainly in conformity with R.14(2) and he fulfills the requirement on physical fitness as required under the Rules, 1989 and in such circumstances, denial of petitioner's consideration from further participation in the selection process cannot be held to be justified. Consequently, writ petition stands allowed while holding the petitioner to be physically fit as regards chest measurement in terms of R.14(2) of the Rules, 1989. Respondents are directed to allow the petitioner to further participate in the selection process initiated in pursuance of advertisement and if petitioner is finally found suitable and placed in the order of merit, may be considered for appointment. All exercise be completed within three months. No costs. [AJAY RASTOGI], J. FRBOHRA2229CW06 18-12.doc