HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Review Petition (Writ) No.113/2023 In S.B. Civil Writ Petition No.456/2021 Ramniwas S/o Shri Rajveer, Aged About 22 Years, R/o 915, Nahar Ke Pass, Village Netharana, 7 DPM, Tehsil Bhadra, District Hanumangarh (Raj.) ----Petitioner Versus 1. The Union Of India, Through Secretary, Ministry Of Home Affairs, Government Of India, New Delhi 2. Staff Selection Commission, Through Its Chairman, Block No. 12, CGO complex, lodhi road, new delhi. 3. Regional Director (Nr), Staff Selection Commission, Block No. 12, CGO complex, lodhi road, new delhi 4. Commandant, 127 bn bsf (po), BSF campus, bikaner. ----Respondents For Petitioner(s) : Mr. R.D. Rastogi, ASG with Mr. Ashish Kumar, CGPC, Mr. Devesh Yadav, CGPC, Mr. Digvijay Singh and Mr. Rajat Sharma For Respondent(s) : Mr. M.S. Saharan with Mr. Sunil Kumar Sawami and Mr. Hitesh Kumar JUSTICE ANOOP KUMAR DHAND Order 24/03/2025 1. The instant review petition has been preferred for recalling the order dated 16.03.2023 passed by this Court while deciding SB Civil Writ Petition No.456/2021. 2. Counsel for the review-petitioner submits that the aforesaid writ petition was listed before this Court on (2 of 4) [WRW-113/2023] 16.03.2023 and on that day, the counsel for the parties could not appear, but the petitioner appeared in person and submitted before this Court that the controversy involved in this petition has been decided in the case of Bheem Singh vs. Staff Selection Commission and Ors. : SB Civil Writ Petition No.530/2021. Counsel submits that relying upon his contention, the writ petition was disposed of in the light of the directions issued in the case of Bheem Singh (supra). Counsel submits that the facts involved in the case of Bheem Singh (supra) are not applicable in the facts and circumstances of the present case as Bheem Singh was also found not suitable in the selection process, but later, he participated in the subsequent process, wherein, he was found suitable and only on this Count alone, the petition was allowed by the Co-ordinate Bench of this Court vide order dated 12.01.2022. Counsel submits that in the instant petition, the petitioner has not participated in the subsequent selection process and he was not found to be qualified in the same, hence, his case is not at par with the case of said Bheem Singh, hence, under these circumstances, the order dated 16.03.2023 passed by this Court is liable to be recalled and the matter is required to be heard on its merits. 3. Per contra, learned counsel for the respondents opposes the prayer and submits that the petitioner Ramniwas as well as one Bheem Singh participated in the same selection process in the year 2019 and both were declared as disqualified in the medical examination owing to their height. Counsel submits that upon the orders passed by this Court, (3 of 4) [WRW-113/2023] both of them were remeasured at SMS Hospital and height of both were found to be proper. Counsel submits that though it is true that the petitioner has not participated in the subsequent selection process in the year 2021, but his case was at par with the said Bheem Singh, as the Medical Board of SMS Hospital found both of them as eligible. Counsel submits that under these circumstances, there is not illegality in the order dated 16.03.2023 passed by this Court, which warrants any interference of this Court and the instant review petition is liable to be rejected. 4. Heard and considered the submissions made at Bar and perused the material available on the record. 5. Perusal of the record indicates that while passing the order dated 12.01.2022, the Co-ordinate Bench of this Court has observed the fact that the said Bheem Singh has participated in the subsequent selection process and he was found fit in PET/PST examination. Taking a note of this fact, his petition was allowed, but these facts are missing in the instant case. Since appropriate facts were not brought into the notice of this Court on 16.03.2023, the instant petition was disposed of in the light of the order passed by the Co- ordinate Bench of this Court in case of Bheem Singh (supra). The matter requires re-examination on its merits on the basis of the documents available and after hearing the arguments of both sides. 6. In view of the above, the instant review petition stands allowed. The order dated 16.03.2023 passed by this Court (4 of 4) [WRW-113/2023] stands recalled. The SB Civil Writ Petition No.456/2021 is restored to its original number. 7. Interim order dated 24.03.2021 passed by this Court in SB Civil Writ Petition No.456/2021 shall continue. 8. The stay application and all pending applications, if any, stand dispose of (ANOOP KUMAR DHAND),J KuD/54