Raj HC | Condition of running track not relevant fact while deciding on re-examination test

Rajasthan High Court: A Bench of Alok Sharma, J., dismissed a petition filed for a re-examination of the physical test due to the adverse condition of the running track.

The facts of the case are that he having passed the written examination for appointment to the post of Constable under the Rajasthan Police Subordinate Service Rules, 1989 appeared for Physical Efficiency Test (PET) which entailed running 5 kms within the prescribed time. At the time the PET under the Rules of 1989 was conducted on 28-8-2018 at Jaipur, the running track was muddied for reason of heavy rains which resulted obstructing the petitioner’s performance up-to-his potential and his failure. The contention of the petitioner was that he should be given another opportunity as was given to several candidates who failed the PET.

The Court dismissing this petition held that the petition was filed after an inordinate and unexplained delay of about two and a half months and since then the selection process was completed and those appointed were undergoing training. The issue with regard to the condition of track in the course of PET for recruitment was of no event for the purpose of PET. [Veer Singh v. State of Rajasthan, 2019 SCC OnLine Raj 9, Order dated 07-01-2019]

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