CW 1793/08 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.1793/2008 Sandeep Jat Versus State & (3) Ors. Date of Order ::: 29/05/08 Hon'ble Mr. Justice Ajay Rastogi Mr. Yogesh Gupta, for petitioner Mr. JK Agrawal, Addl. Govt. Advocate, for respondents State At joint request, matter has been finally heard at admission stage. Petitioner is a member of OBC and is presently working as police constable. Respondents advertised posts of Sub Inspector (Operator) & (Technical) in Telecommunication Department vide notification dt.01/03/07 published in Daily news paper “Dainik Bhaskar” dt.09/03/07 – in pursuance whereof, he applied for and considering him eligible was allowed to appear in written examination on 07/07/07, and on being qualified, was declared successful; and as per scheme of Rajasthan Police Subordinate Service Rules, 1989 (“Rules, 1989”), one has to appear in endurance test and for interview. It appears that petitioner was not allowed to appear in endurance test and for interview on the premise that his chest measurements were not as per R.14(2) of Rules, 1989, quoted in memo of petition, governing service condition ad infra:- CW 1793/08 //2// “14. Physical Fitness : (2) Except in case of women candidates, no candidate, who is less than 168 cms., in height and whose deflated chest measurement is less than 81 cms and inflated less than 86 cms shall be deemed to be physically fit.” As per provisions (supra), 81 cms in case of deflated chest and while 86 cms in case of inflated chest measurement are minimum requirement in order to be physically fit in terms of R.14(2) of Rules, 1989. Since petitioner was not considered to be physically fit and communication was not made, he approached this Court. In their reply, respondents inter-alia averred that petitioner was not considered to be physically fit due to his 75 cms chest measurement which is not as per prescribed standard U/r 14(2) of Rules, 1989. Relevant part of para 7 of the reply reads ad infra: “7. ... However, he could not be found fit due to less of chest i.e. 75 cms and i.e. Less or 6 cms to the standard provided under the Rule 14(2)of the Rules, 1989. Thus the selection baord has rightly declared unsuccessful in the physical efficiency test.” Petitioner alongwith petition has placed on record doctor's certificate (Ann.5) to show his chest measurement being more than provided U/r 14(2) of CW 1793/08 //3// Rules, 1989. Taking note whereof, this Court vide order dt.21/05/08 directed petitioner to appear before Superintendent, SMS Hospital, Jaipur who was directed to constitute a Board to examine his chest measurement as to whether it is in consonance with Rules, 1989 or not. A certificate has been issued by the Board alongwith letter dt. 26/05/08 – a copy whereof was also endorsed to him – as per which his deflated & inflated chest measurement as opined is 82 & 86 cms respectively. Govt. Counsel submits that there should be a difference of 5 cms in between deflated & inflated chest measurement, whereas as per report of the Board constituted under orders of this Court it is only 4 cms; that being so, he is not physically fit in terms of R.14(2) of Rules, 1989. Suffice is to say that R.14(2) (Supra) only contemplates deflated & inflated chest measurement which should not be less than 81 cms & 86 cms and there is no provision envisaged therein that there should be difference of 5 cms between deflated & inflated chest measurement. After going through the opinion expressed by medical Board constituted in pursuance of order dt.21/05/08, this Court is of the opinion that case of petitioner has arbitrarily rejected on the premise of chest measurement and it is violative CW 1793/08 //4// of Art.14 of the Constitution of India. Consequently, writ petition succeeds and is hereby allowed and while holding his physical fitness of chest measurement of petitioner to be in conformity with R.14(2) of Rules, 1989, respondents, are directed to allow him to participate in further process of selection for the post of Sub Inspector applied by him in pursuance of advertisement dt.01/03/07 and if found finally suitable, may be considered for appointment with consequential notional benefits. All exercise in compliance of directions (supra) be completed within two months. No order as to costs. (Ajay Rastogi), J. K.Khatri/p.4/1793CW08-2905.doc