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2026 DAILYLAW 14375 (RAJ)

JITENDRA YADAV S/O SHRI PHOOL CHAND YADAV v. STATE OF RAJASTHAN

CW/14967/2026 · 2026-08-17

Sameer Jain

body2026

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[2026:RJ-JP:32637] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 15243/2026 CNR: RJHC020757862026 | URN: CW / 32428U / 2026 Ajay Sharma S/o Shri Babulal Sharma, Aged About 25 Years, R/o Garh Kadkha Ki Dhani, Tehsil Bassi, District Jaipur, Rajasthan. ----Petitioner Versus 1. State Of Rajasthan, Through Chief Secretary, Government Of Rajasthan, Government Secretariat, Jaipur. 2. Secretary, Rajasthan Public Service Commissioner, Ajmer, Rajasthan. 3. Additional Inspector General Of Police Cum Chairman, Police Recruitment Board, Police Headquarter, Jaipur. ----Respondents Connected With S.B. Civil Writ Petition No. 12335/2026 CNR: RJHC020668292026 | URN: CW / 27259U / 2026 Digvijay Singh Jhala S/o Prahalad Singh Jhala, Aged About 31 Years, R/o 119 Mangal Vihar, Gangaram Nagar Gopalpura Byepass, District Jaipur, Rajasthan- 303108 ----Petitioner Versus 1. The State Of Rajasthan, Through Its Principal Secretary, Department Of Home, Govt. Of Rajasthan, Secretariat, Jaipur. 2. The Director General Of Police, Police Headquarters, District Jaipur, Rajasthan. 3. The Secretary, Rajasthan Public Service Commission, District Ajmer, Rajasthan. ----Respondents S.B. Civil Writ Petition No. 12337/2026 CNR: RJHC020670112026 | URN: CW / 27277U / 2026 Neeraj Kumari D/o Net Ram, Aged About 34 Years, R/o Vpo- Haldeena, Tehsil-Malkhera, District Alwar, Rajasthan- 3014065 ----Petitioner Versus [2026:RJ-JP:32637] (2 of 15) [CW-15243/2026] 1. The State Of Rajasthan, Through Its Principal Secretary, Department Of Home, Govt. Of Rajasthan, Secretariat, Jaipur. 2. The Director General Of Police, Police Headquarters, District Jaipur, Rajasthan. 3. The Secretary, Rajasthan Public Service Commission, District Ajmer, Rajasthan. ----Respondents S.B. Civil Writ Petition No. 14326/2026 CNR: RJHC020727022026 | URN: CW / 30933U / 2026 Ajendra Singh Hada S/o Vikram Singh Hada, Aged About 27 Years, R/o 1, Hanuman Ji Temple, Harnawda, Baran, Rajasthan 325205 ----Petitioner Versus 1. The State Of Rajasthan, Through Its Home Secretary, Secretariat, Rajasthan, Jaipur. 2. The Director General Of Police, Police Headquarter, Rajasthan, Jaipur. 3. Rajasthan Public Service Commission, Through Its Secretary, Ajmer. ----Respondents S.B. Civil Writ Petition No. 14700/2026 CNR: RJHC020748772026 | URN: CW / 31479U / 2026 Meenu Gurjar D/o Dhara Singh Gurjar, Aged About 33 Years, R/o Village-Ummedpura, Kundiya Kalan, Railagaon, District-Bhilwara, Rajasthan 311024 ----Petitioner Versus 1. The State Of Rajasthan, Through Its Home Secretary, Secretariat, Rajasthan, Jaipur. 2. The Director General Of Police, Police Headquarter, Rajasthan, Jaipur. 3. Rajasthan Public Service Commission, Through Its Secretary, Ajmer. ----Respondents S.B. Civil Writ Petition No. 14928/2026 [2026:RJ-JP:32637] (3 of 15) [CW-15243/2026] CNR: RJHC020748632026 | URN: CW / 31835U / 2026 Dinesh Kumar Son Of Shri Rajaram, Aged About 30 Years, Resident Of Village Siyakhoh, Post Bass Menpur, Tehsil Mundawar, District Alwar, Rajasthan- 301407. ----Petitioner Versus 1. State Of Rajasthan, Through The Principal Secretary, Department Of Home, Government Secretariat, Jaipur, Rajasthan. 2. Rajasthan Public Service Commission, Through Its Secretary, Ghooghra Ghati, Jaipur Road, Ajmer, Rajasthan. 3. Director General Of Police, Rajasthan, Police Headquarters, Lal Kothi, Jaipur, Rajasthan. 4. Deputy Inspector General Of Police, Recruitment And Promotion Board, Police Headquarters, Lal Kothi, Jaipur, Rajasthan. ----Respondents S.B. Civil Writ Petition No. 14967/2026 CNR: RJHC020753532026 | URN: CW / 31904U / 2026 Jitendra Yadav S/o Shri Phool Chand Yadav, Aged About 25 Years, Resident Of Dhani Manguwali, Village And Post Nawalpura, Tehsil Shahpura, District Jaipur- 303104 (Raj.) ----Petitioner Versus 1. State Of Rajasthan, Through The Additional Chief Secretary, Home Department, Government Secretariat, Jaipur. 2. The Director General Of Police, Police Headquarters, Rajasthan, Jaipur. 3. Rajasthan Public Service Commission, Through Its Secretary. ----Respondents S.B. Civil Writ Petition No. 15008/2026 CNR: RJHC020755432026 | URN: CW / 31983U / 2026 Kuldeep Janagal S/o Bansi Lal Janagal, Aged About 28 Years, R/o Vpo Soodwar, Via Paddu Kallan, Tehsil Riyan Badi, District [2026:RJ-JP:32637] (4 of 15) [CW-15243/2026] Nagaur, Rajasthan. ----Petitioner Versus 1. The State Of Rajasthan, Through Its Home Secretary, Secretariat, Rajasthan, Jaipur. 2. The Director General Of Police, Police Headquarter, Rajasthan, Jaipur. 3. The Deputy Inspector General Of Police, Recruitment And Promotion Board, Rajasthan, Jaipur. 4. The Dy. Inspector General Of Police, Gc-1, Crpf, Golf Course Road, Ajmer. 5. Rajasthan Public Service Commission, Through Its Secretary, Ajmer. ----Respondents S.B. Civil Writ Petition No. 15216/2026 CNR: RJHC020762672026 | URN: CW / 32383U / 2026 Neeraj Yadav S/o Laxminarayan Yadav, Aged About 24 Years, Resident Of Ward No. 05, Mandawar, Tonk. ----Petitioner Versus 1. The State Of Rajasthan, Through Principal Secretariat Home Department Jaipur. (Raj) 2. Additional Director General Of Police, Jaipur, (Raj) 3. Additional Inspector General Of Police, Jaipur, (Raj.) 4. Rajasthan Public Service Commission, Through Secretary, Ajmer. (Raj) ----Respondents S.B. Civil Writ Petition No. 15440/2026 CNR: RJHC020776052026 | URN: CW / 32855U / 2026 Barun Bhardwaj S/o Sh. Ashok Kumar Sharma, Aged About 26 Years, R/o Village Khatnawali Post Dehgawan, Tehsil Bayana, District Bharatpur (Raj.) 321401 ----Petitioner Versus 1. State Of Rajasthan, Through Its Additional Chief [2026:RJ-JP:32637] (5 of 15) [CW-15243/2026] Secretary, Department Of Home, Govt. Secretariat, Jaipur (Raj 2. The Director General Of Police, Police Head Quarter, Lal Kothi Scheme, Jaipur (Raj.) 3. The Deputy Inspector General Of Police (Recruitment And Promotion Board), Police Head Quarter, Lal Kothi Scheme, Jaipur (Raj.) 4. Inspector General Of Police, Bharatpur Range, Rajendra Nagar, Bharatpur, Rajasthan, 321001 (Raj.) 5. Rajasthan Public Service Commission, Through Its Secretary, Ghooghara Ghati, Jaipur Road, Ajmer 305001 (Raj.) ----Respondents S.B. Civil Writ Petition No. 15454/2026 CNR: RJHC020775542026 | URN: CW / 32869U / 2026 Prahlad Sharma Son Of Shri Ramniwas Sharma, Aged About 27 Years, Resident Of Village And Post Chhapara, Jaswantgarh, Tehsil Ladnu, District Deedwana Kuchaman (Raj.) ----Petitioner Versus 1. State Of Rajasthan, Through Its Secretary, Department Of Home, Govt. Secretariat, Jaipur (Raj 2. Director General Of Police, Police Head Quarter, Jaipur (Raj.) 3. Inspector General Of Police (Recruitment And Promotion Board), Police Head Quarter, Lal Kothi, Jaipur (Raj.) 4. Inspector General Of Police, Ajmer Range Ajmer (Raj.) 5. Secretary, Rajasthan Public Service Commission, Ajmer (Raj.) ----Respondents S.B. Civil Writ Petition No. 15540/2026 CNR: RJHC020780042026 | URN: CW / 33087U / 2026 Sohan Lal Son Of Shri Sri Ram, Aged About 32 Years, Resident Of Ward No 8, Village And Post Sanghar, Tehsil Suratgarh, District Shriganganagar (Raj.) ----Petitioner Versus [2026:RJ-JP:32637] (6 of 15) [CW-15243/2026] 1. State Of Rajasthan, Through Its Secretary, Department Of Home, Govt. Secretariat, Jaipur (Raj 2. Director General Of Police, Police Head Quarter, Jaipur (Raj.) 3. Inspector General Of Police, (Recruitment And Promotion Board), Police Head Quarter, Lal Kothi, Jaipur (Raj.) 4. Inspector General Of Police, Bikaner Range Bikaner (Raj.) 5. Secretary, Rajasthan Public Service Commission, Ajmer (Raj.) ----Respondents S.B. Civil Writ Petition No. 15542/2026 CNR: RJHC020780032026 | URN: CW / 33099U / 2026 Shekhavat Jitendrasinh Mahendrasinh Son Of Shri Mahendra Sinh, Aged About 40 Years, Resident Of Ward No 2, Village And Post Kotari, Tehsil Sri Madhopur, District Sikar (Raj.) ----Petitioner Versus 1. State Of Rajasthan, Through Its Secretary, Department Of Home, Govt. Secretariat, Jaipur (Raj 2. Director General Of Police, Police Head Quarter, Jaipur (Raj.) 3. Inspector General Of Police, (Recruitment And Promotion Board), Police Head Quarter, Lal Kothi, Jaipur, (Raj.) 4. Inspector General Of Police, Jaipur Range, Jaipur (Raj.) 5. Secretary, Rajasthan Public Service Commission, Ajmer (Raj.) ----Respondents S.B. Civil Writ Petition No. 15554/2026 CNR: RJHC020780112026 | URN: CW / 33129U / 2026 Ankita Kumari Meena Daughter Of Shri Laxmi Narayan Meena, Aged About 24 Years, Resident Of Village Bandri Tehsil Paparda District Dausa. ----Petitioner Versus 1. The State Of Rajasthan, Through Its Additional Chief Secretary, Home Department, Government Of Rajasthan, Secretariat, Jaipur. [2026:RJ-JP:32637] (7 of 15) [CW-15243/2026] 2. The Director General Of Police, Police Headquarters, Jaipur. 3. Additional Director General Of Police (Recruitments), Police Headquarters, Jaipur. 4. The Secretary, Rajasthan Public Service Commission, Ajmer, Rajasthan. ----Respondents S.B. Civil Writ Petition No. 15612/2026 CNR: RJHC020781612026 | URN: CW / 33236U / 2026 1. Chandraveer Singh Chundawat S/o Samandar Singh Chundawat, Aged About 32 Years, R/o Village Malas, Post Dahimatha, Tehsil Karera, Bhilwara, Rajasthan 311804 2. Alee Khan S/o Bahadur Khan, Aged About 30 Years, R/o Jam Ki Dhani V/p Reewari, Tehsil Fatehgarh, District Jaisalmer, Rajasthan 305027 ----Petitioners Versus 1. The State Of Rajasthan, Through Its Home Secretary, Secretariat, Rajasthan, Jaipur. 2. The Director General Of Police, Police Headquarter, Rajasthan, Jaipur. 3. Rajasthan Public Service Commission, Through Its Secretary, Ajmer. ----Respondents S.B. Civil Writ Petition No. 15643/2026 CNR: RJHC020784582026 | URN: CW / 33305U / 2026 Yagya Shukla Son Of Shri Radhamohan Sharma, Aged About 24 Years, Resident Of Near Holi Gate, Nadbai Road, Nagar, District Deeg, Rajasthan-321205. ----Petitioner Versus 1. State Of Rajasthan, Through The Principal Secretary, Department Of Home, Government Secretariat, Jaipur, Rajasthan. 2. Rajasthan Public Service Commission, Through Its Secretary, Ghooghra Ghati, Jaipur Road, Ajmer, Rajasthan. [2026:RJ-JP:32637] (8 of 15) [CW-15243/2026] 3. Director General Of Police, Rajasthan, Police Headquarters, Lal Kothi, Jaipur, Rajasthan. 4. Inspector General Of Police, Bharatpur Range, Bharatpur, Rajasthan. 5. Deputy Inspector General Of Police, Recruitment And Promotion Board, Police Headquarters, Lal Kothi, Jaipur, Rajasthan. ----Respondents S.B. Civil Writ Petition No. 15672/2026 CNR: RJHC020785472026 | URN: CW / 33428U / 2026 Sandeep Kumar Son Of Shri Deepa Ram, Aged About 27 Years, Resident Of Chak 9 Ksd Mokamwala, Raisingh Nagar, District Sri Ganganagar (Raj.) ----Petitioner Versus 1. State Of Rajasthan, Through Its Secretary, Department Of Home, Govt. Secretariat, Jaipur (Raj) 2. Director General Of Police, Police Head Quarter, Jaipur (Raj.) 3. Inspector General Of Police (Recruitment And Promotion Board), Police Head Quarter, Lal Kothi, Jaipur (Raj.) 4. Inspector General Of Police, Bikaner Range Bikaner (Raj.) 5. Secretary, Rajasthan Public Service Commission, Ajmer (Raj.) ----Respondents For Petitioner(s) : Mr. Krishan Chander Sharma Mr. Vaibhav Pancholy Mr. Harendra Neel Mr. Amogh Gupta Mr. Rahul Gupta Mr. Nikhil Kumawat with Mohd. Nawal Mr. Prem Chand Dewanda Mr. Abhishek Singh Dewanda Ms. Riya Jain Mohd. Umar Khan for Mr. Tanveer Ahamad Mr. Ram Pratap Saini Mr. Aamir Khan Mr. Deepak Khandelwal [2026:RJ-JP:32637] (9 of 15) [CW-15243/2026] Mr. Hemant Taylor Mr. Pawan Sharma Mr. Bajrang Sepat Mr. Arvind Kumar Arora Mr. Jaswant Singh Rathor Mr. Sitaram Meena For Respondent(s) : Mr. Bhuwnesh Sharma, AAG with Mr. Vishnu Dutt Shama and Mr. Somitra Chaturvedi, Dy. G.C. Mr. M.F. Baig Mr. Siddharth Sharma Ms. Epsa Mr. Dinesh Kumar Agarwal, Addl. S.P. Mr. Irfan Ali, Addl. S.P. HON'BLE MR. JUSTICE SAMEER JAIN Judgment 17/08/2026 1. With the consent of learned counsel for the respective parties, as similar questions of fact and law are involved, these matters are being taken up together for final disposal and S.B. Civil Writ Petition No. 15243/2026 titled Ajay Sharma vs. State of Rajasthan is being taken up as the lead petition. 2. It is cautiously made clear that as the question of law involved in the present batch of petitions is similar and identical in nature, the judgment rendered herein shall be made applicable mutatis mutandis to all the connected writ petitions. 3. The lead petition is filed with the following prayers: “It is, therefore, most respectfully prayed that this Hon’ble court may graciously be pleased to allow this writ petition and further be please to; (i) That Writ Petition may kindly be allowed, and respondents be directed to conduct physical efficiency test of the petitioner after period of one month from the date already fixed for physical efficiency test i.e. 08/08/2026 and respondents be directed to the allow the petitioner to participate in further [2026:RJ-JP:32637] (10 of 15) [CW-15243/2026] process of examination and consequential selection process pursuant to advertisement dated 17.07.2025 in the interest of justice.” 4. The factual matrix of the present controversy pertains to the advertisement dated 17.07.2025, whereby respondent-RPSC initiated the recruitment process for the post of Sub-Inspector/Platoon Commander in both TSP and Non-TSP Areas. The said recruitment process was structured into three primary phases: (i) Written Examination (ii) Physical Efficiency Test (hereinafter referred to as ‘PET’) (iii) Interview 5. Learned counsel for the petitioners submit that the written examination qua the said posts was conducted on 04.04.2026 and 05.04.2026 for approximately 1000 vacancies/posts across different categories. It is submitted that candidates securing merit, up to 20 times the number of vacancies, were called for the PET. It is next submitted that the PET was scheduled from 03.08.2026 to 12.08.2026 at eight different district centers throughout the State of Rajasthan. It is further submitted that approximately 2500 candidates were allotted to one test center based on geographical proximity. 6. The core grievance of the petitioners is that, owing to reasons strictly beyond their control and akin to force majeure, they were unable to mark their presence or participate in the PET on their scheduled dates. The petitioners plead bona fide reasons such as ill-health, physical injuries, pregnancy, and extreme weather conditions such as heavy rains and monsoon. [2026:RJ-JP:32637] (11 of 15) [CW-15243/2026] 7. Learned counsel for the petitioners relied upon the dictum enunciated by the Hon’ble Supreme Court in Avni Prakash vs. National Testing Agency (NTA) & Ors. reported in (2023) 2 SCC 286, contending that a merciful, equitable, and justified relaxation should be granted to where bona fide reasons exist, providing candidates a re-opportunity to assert their claim. 8. Learned counsel for the petitioners argued that the previous valid examination for the post of S.I. was advertised way back in the year 2016, as the vacancies advertised for the said post in the year 2021 were scrapped by this Court vide judgment dated 28.08.2025 in S.B. Civil Writ Petition No. 13806/2024 titled Kailash Chand Sharma & Ors. vs. State of Rajasthan & Ors. on account of unfair means and malpractices. 9. It is next submitted that the candidates had to travel for an examination scheduled to commence at 5:00 AM, which often stretch till 12:00 PM, and the heavy monsoons exacerbated their inability to appear in the said PET. It is emphasized that no third- party rights have yet crystallized qua the said vacancies/posts, and no prejudice will be caused to the State if rescheduled PET is conducted within a reasonable timeframe by the respondents. 10. Per contra, the learned Additional Advocate General (AAG) and learned counsel representing the RPSC have vehemently opposed the present batch of writ petitions. It is argued that organizing a public examination of this magnitude, involving lakhs of applicants, requires immense logistical preparation, deployment of officers, and heavy financial expenditure across the State. 11. It is contended that rescheduling PET and providing a fresh opportunity to the candidates would make the selection process an [2026:RJ-JP:32637] (12 of 15) [CW-15243/2026] endless exercise. Learned counsel further assert that there is no statutory power to relax the rules or reschedule the dates, while the monsoon conditions or individual ailments were not explicitly denied, it is argued that in public examinations, individual causes cannot be permitted to override the larger public interest and allowing such relief, would not only incur heavy costs upon the State but the same also amount to changing the rules of the game midway. 12. Reliance in regard of the aforesaid submissions has been placed on the judgments enunciated by the Hon’ble Supreme Court in Bharat Yadav vs. The State of Rajasthan & Ors., SLP (Civil) Diary No(s).6622/2023 and the Division Bench of this Court at Principal Seat, Jodhpur in: i. D.B. S.A.W No.1685/2018 titled Sunil Kumar Jani vs. State of Rajasthan & Ors. ii. D.B. S.A.W. No.1310/2019 titled Dropadi Jyani vs. State of Rajasthan & Ors. iii. D.B. S.A.W. No.124/2019 titled State of Rajasthan & Ors. vs. Revant Ram Meghwal & Ors. Further reliance has been placed upon the ratio laid down by the Division Bench of this Court in D.B. S.AW No.1133/2022 titled State of Rajasthan & Anr. vs. Raghu Nandan Pal & Anr. In addition to above, reliance is also placed upon the ratio laid down by the Co-ordinate Bench of this Court in S.B. Civil Writ Petition No.17092/2022 titled Deepak Kumar vs. State of Rajasthan & Ors. and other connected matters. 13. Heard and considered the rival submissions, scanned the record, and perused the judgments cited at the Bar. [2026:RJ-JP:32637] (13 of 15) [CW-15243/2026] 14. Upon a bare perusal of the material available on record, this Court observes the following undeniable facts: (i) The recruitment in question is for the S.I. Examination, 2025 effectively taking place after a significant lapse of approximately nine years. (ii) The said examination process is three-tiered and the petitioners successfully cleared the written examination on merit and were among the top candidates called for the PET. (iii) The candidates securing merit, up to 20 times the number of vacancies, were called for the PET which was scheduled between 03.08.2028 and 12.08.2026 across eight centers throughout the State of Rajasthan for a colossal number of candidates. (iv) The petitioners failed to participate in the scheduled PET due to bona fide reasons including ill-health, injuries, medical reasons and force majeure events like heavy rains and monsoon. (v) Notably, the respondents themselves had previously thought it appropriate to reschedule dates of the scheduled PET at certain centers on account of heavy rains. (vi) No mala fides have been alleged against the respondents by the petitioners. (vii) Crucially, the third phase of the recruitment process i.e., Interviews, is yet to commence which, as per the understanding of this Court, will reasonably take another 1-2 months. Therefore, as of today, no third-party rights have been finalized or adversely affected qua the said recruitment process. 15. While the judgments cited by the respondents lay down the general principles governing public examinations, the jurisdiction under Article 226 of the Constitution of India is extraordinary and [2026:RJ-JP:32637] (14 of 15) [CW-15243/2026] inherently equitable. The paramount consideration is the interest of justice and a balanced approach. It is an admitted fact that the petitioners stood to gain nothing by deliberately missing the PET; and their absence was compelled by genuine, unavoidable circumstances as discussed above. 16. In the considered opinion of this Court, if a reasonable, singular opportunity is granted for rescheduling PET, no substantial prejudice will be caused to either side, except for the logistical and financial burden on the organizing authority. To balance these equities, this Court deems it appropriate that the financial burden must be borne by the defaulting candidates who want to re-appear in PET. 17. Therefore, having regard to the peculiar facts and circumstances of the case, and balancing the equities, this Court deems it just and proper to issue the following directions: (i) The State/Competent Authority/respondent-RPSC is directed to grant one-time relaxation by scheduling a fresh date for the Physical Efficiency Test (PET) at a single designated center exclusively for the present petitioners who approach the respondent-authority within the stipulated time. (ii) The said rescheduled PET shall be organized in the first or second week of September 2026 as per the convenient dates of the respondent-State. (iii) To compensate for the organizational expenses, each candidate seeking this relaxation, excluding those holding a valid Below Poverty Line (BPL) status, shall deposit a cost of Rs.10,000/- (Rupees Ten Thousand only) in favor of respondent- RPSC/Competent Authority. [2026:RJ-JP:32637] (15 of 15) [CW-15243/2026] (iv) The petitioners must submit their respective applications requesting the reschedule of PET, along with proof of deposition of the aforementioned cost, before the office of respondent-RPSC within a period of seven working days from the date of uploading the present judgment on the web-portal. It is made clear that any application received after the said cut-off date shall not be entertained by the respondents. (v) It is also made clear that no further relaxation or rescheduling beyond this singular opportunity shall be provided to any candidate whatsoever, ensuring the recruitment process does not become an unending exercise. (vi) It is cautiously clarified that the present judgment is passed considering the peculiar facts of the present case and the same shall not be treated as a binding precedent. The relief granted by way of the present judgment is limited and specific only to the present petitioners and shall not have a generalized, widespread effect to reopen the entire process. 18. With the aforesaid observations and directions, the present batch of writ petitions stands disposed of. Pending application(s), if any, shall also stand disposed of. 19. A copy of the present order be placed in the connected petitions. (SAMEER JAIN),J 712-731 except 722 and 723/DIKSHA MISHRA