[2025:RJ-JP:25918] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 19005/2015 Mahendra Meena Son Of Shri Badri Lal Meena, Village Jamul Khera, Post Chharoda, Tehsil And District Sawai Madhopur Raj. ----Petitioner Versus 1. State Of Rajasthan Through Its Secretary, Department Of Mines And Geology, Govt. Secretariat, Jaipur Raj. 2. Director, Department Of Mines And Geology, Rajasthan, Udaipur. 3. Commandant, 14Th Batalion, Rac, Jaipur Rajasthan. ----Respondents For Petitioner(s) : Mr. Sudhinda Kumawat For Respondent(s) : Mr. Rahul Lodha Mr. Shubham Gupta Ms. Krishna Soni for Mr. Vinod Kumar Gupta HON'BLE MR. JUSTICE SUDESH BANSAL Order 12/07/2025 1. Instant writ petition was filed by petitioner way back on 14.12.2015, invoking writ jurisdiction of this Court under Article 226 of the Constitution of India, seeking direction against respondents to consider his candidature for the post of Constable in Mineral Protection Force, pursuant to advertisement dated 20.07.2013 under ST category. 2. Heard counsel for both parties and perused the material available on record. 3. Counsel for petitioner has vehemently argued that petitioner is a candidate of ST category and applied for selection on the post [2025:RJ-JP:25918] (2 of 4) [CW-19005/2015] of Constable in Mineral Protection Force pursuant to vacancies, invited vide advertisement dated 20.07.2013. In the written competitive examination, petitioner secured 70 marks and in Physical Efficiency Test (PET), he secured 15 marks, thus, in total, he secured 85 marks, which is higher than the last cut-off marks in such category i.e. 78 marks, hence, petitioner, being higher meritorious, deserves appointment in such category. Alternative argument of counsel for petitioner is that in the General category, last cut-off is 84 marks and since, marks of petitioner are higher than the last cut-off marks in General category, therefore, even if his candidature was not considered under ST category, his candidature ought to have been considered under General Category and he should have been selected. 4. In counter of such argument, counsel for respondents has pointed out that in the PET, petitioner, being a candidate of ST category, has taken relaxation in the standard height criteria, hence, his alternative prayer to consider his candidature in General category, is misconceived. It has been pointed out that height of petitioner is 167 cm, which is 1 cm less than the required standard height i.e. 168 cm, however, since relaxation of 5 cm in standard height criteria is available to ST/ SC candidate, therefore, petitioner qualified PET with relaxation. 5. As far as non-consideration of candidature of the petitioner under the ST category despite being meritorious is concerned, counsel for respondents has relied upon Clause 2(A)(ii) of the Standing Order No. 18/2015 (Annx. R/2). For ready reference Clause 2(A)(ii) is being reproduced hereunder:- [2025:RJ-JP:25918] (3 of 4) [CW-19005/2015] “Candidates belonging to the Scheduled Caste and Scheduled Tribe whose height and chest measurement are less by 5 cms shall be deemed to be physically fit in case of requisite number of suitable Scheduled Caste/ Scheduled Tribe candidates possessing physical fitness standards as laid down above are not available.” The contention of counsel for respondents is that since sufficient number of candidates belonging to ST category have cleared PET, without getting any relaxation, hence, in view of Clause 2(A)(ii) of the Standing Order, the candidature of petitioner never came up for consideration, because he has been placed lower in merit than the other candidates of ST category, who have qualified PET without relaxation. 6. Counsel for petitioner in his argument does not dispute about the fact that petitioner has got relaxation of 1 cm in height, because required standard height criteria is 168 cm, whereas petitioner height is 167 cm. 7. Having adverted to the rival submissions of both the parties, this Court is of the considered opinion that when it is undisputed fact that petitioner has obtained relaxation in his height to qualify the PET, his candidature is to be considered only under the ST category and not under the General category, because the relaxation in standard height criteria, is available only to the candidates, belonging to ST/ SC category. On this count, the prayer of counsel for petitioner to consider petitioner’s candidature in General category, being higher meritorious, is barred by the principle of estoppel. Thus, such prayer is hereby rejected. 8. As far as considering the candidature of petitioner under ST category is concerned, Clause 2(A)(ii) of Standing Order No.18/2015, referred hereinabove, comes in way of the petitioner. [2025:RJ-JP:25918] (4 of 4) [CW-19005/2015] As per this Clause, since petitioner, being a candidate of ST category, has obtained relaxation of 1 cm in standard height criteria and qualified PET with relaxation, he was required to be placed lower in merit than the other candidates of ST category, who qualified PET without any relaxation. As per reply of the respondents, since sufficient number of candidates of ST category, who have qualified PET without relaxation, were available, hence, petitioner could not come in merit. 9. In view of above, this Court finds that since petitioner has qualified PET with relaxation (by obtaining relaxation of 1 cm in his height), the case of petitioner that he is meritorious candidate than the last selected candidate of ST category, does not worth merit and on this count, the denial of appointment to petitioner may not be faulted. 10. The prayer made in the writ petition by petitioner is without any substance and resultantly, the writ petition is hereby dismissed. 11. Stay application and pending application(s), if any, stand disposed of. (SUDESH BANSAL),J Sachin/S-72