Purnesh Gavel v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4396 of 2018 Purnesh Gavel S/o Shri Permanand Gavel, Aged About 25 Years, R/o Lal Bahadur Shastri Marg, Station Road Sakti, P.S. Sakti, District Janjgir Champa Chhattisgarh.

---- Petitioner

Versus

1. State Of Chhattisgarh, Through Secretary, Department Of Home Affairs Mantralaya, Mahanadi Bhawan Naya Raipur, P.S - Abhanpur, District Raipur Chhattisgarh.

2. Director General Of Police, Chhattisgarh, Office Of Director General Of Police, Chhattisgarh, Raipur, District Raipur Chhattisgarh.

3. Chairman, Constable Cadre Recruitment Committee, Rajnandgaon, Office Of Superintendent Of Police, District Rajnandgaon Chhattisgarh. ----Respondents For Petitioner :

Mr. Atul Pandey, Advocate For State :

Mr. Syed Majid Ali, Dy. G.A.

Hon'ble Shri Justice P. Sam Koshy Order on Board 16/07/2018

1. The challenge by the petitioner in the present writ petition is to the recruitment process initiated by the respondents for the post of Constable in the year 2017.

2. The counsel for the petitioner submits that the petitioner had applied for the said post of Constable and he was subjected to the physical test, which the petitioner cleared and thereafter the petitioner was called upon for the written examination, which too the petitioner cleared and the petitioner was thereafter called upon for the physical eligibility test, which was scheduled to be held on the 2nd of June, 2018 at the 8th Battalion C.A.F., Rajnandgaon from 5.00 a.m. in the morning.

3. According to the petitioner, since on 2nd of June, 2018, there were heavy rain in the area and the ground was filled with water and

therefore the candidates who had been subjected for physical eligibility test could not perform well and thus they find themselves discriminated with those candidates, who have been subjected to physical eligibility test on a different date when it was not rainy and for them the field condition was much better than the petitioner.

4. Perusal of the record shows that it is only the petitioner who is aggrieved by the action on the part of the respondents as there does not appear to be any other candidate who was aggrieved in the process. Further what is also relevant to take note is that the recruitment was for the police department where the physical eligibility test has to be undergone in extreme situation for the reason that after the appointment the selected candidates are required to discharge their duties under extreme weather condition as well as at extreme terrains and if the physical eligibility test was under rainy conditions that would had been the best endurance test which the candidates could have given so as to show their suitability for the post.

5. Given the aforesaid facts and circumstances of the case, this Court does not find any strong case made out by the petitioner calling for an interference with the recruitment process. The writ petition thus being devoid of merit deserves to be and is accordingly dismissed in lemine. Sd/- (P. Sam Koshy) Judge Ved