Rajasthan High Court
Administrative and Public LawEmployment and Labour Law

An earlier executive circular creates no enforceable right to three attempts under later recruitment rules.

VINOD KUMAR vs RAJASTHAN PUBLIC SERVICE COMMISSION

Rajasthan High CourtJUDGMENT: October 06, 20263 MIN READSOURCE JUDGMENT
An earlier executive circular creates no enforceable right to three attempts under later recruitment rules.. VINOD KUMAR vs RAJASTHAN PUBLIC SERVICE COMMISSION. Rajasthan High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioners were candidates in the 2025 recruitment for Sub-Inspector/Platoon Commander.

Source reference: pp. 3–5

After qualifying in the written examination, they took the Physical Efficiency Test (PET).

Source reference: pp. 3–5

Their claims concerned the Long Jump: Vinod Kumar sought a fresh test because he participated during heavy rain; Jaswant Singh claimed he was denied another attempt after a foul; Girdhari Singh disputed the recorded measurement; and Gaffar Khan alleged arbitrary assessment.

Source reference: pp. 3–5

They relied principally on a Home Department communication dated 17 February 1989, which they said provided three Long Jump attempts.

Source reference: pp. 3–5

The recruitment was governed by the Rajasthan Police Subordinate Service Rules, 1989, and a Standing Order dated 7 July 2025.

Source reference: pp. 3–5

The Court directed production of the relevant PET videography and examined it before deciding the connected petitions.

Source reference: pp. 3–5, 14
02

Issues

Whether the communication dated 17 February 1989 entitled the petitioners to three attempts in the Long Jump in the present recruitment.

Source reference: pp. 14–17

Whether rainfall, disputed measurement, or an alleged foul justified a fresh Long Jump attempt or re-conduct of the PET.

Source reference: pp. 18–20
03

Law Applied

Rule 21(2) of the Rajasthan Police Subordinate Service Rules, 1989 authorises the Director General of Police to prescribe the PET, while Rule 21(5) requires candidates to appear before a Physical Efficiency Board for a test conducted as prescribed by the Director General of Police.

Source reference: p. 15

Executive instructions may supplement statutory rules where those rules are silent, but cannot supplant or override them; the Court relied on Sant Ram Sharma v. State of Rajasthan, AIR 1967 SC 1910, as reiterated in Union of India v. Ashok Kumar Aggarwal, (2013) 16 SCC 147.

Source reference: p. 15

In judicial review of PET assessments, the Court will not substitute its assessment for that of the competent board absent a demonstrated departure from procedure, patent error, or mala fides.

Source reference: p. 20

A fresh test may also be refused where it would give selected candidates a second opportunity under different conditions and create unequal standards within the same selection; the Court relied on Shravan Kumar Choudhary v. State of Rajasthan, D.B. Spl. Appl. Writ No. 154/2019, decided 22 May 2019.

Source reference: p. 19
04

Reasoning

Rule 21 empowered the Director General of Police to prescribe the PET, and the Standing Order dated 7 July 2025 governed the present recruitment.

Source reference: pp. 15–17

Neither that order, the Rules, nor the advertisement expressly provided three Long Jump attempts or a right to a re-test.

Source reference: pp. 15–17

The Court held that the pre-Rules 1989 communication could not operate as an independent, perpetual source of an enforceable right in this recruitment; it also distinguished Narayan Lal v. State of Rajasthan as concerning a recruitment to which the 1989 Rules did not apply.

Source reference: pp. 15–17

The Court further held that other agencies’ express provision for multiple attempts could not be imported into this selection.

Source reference: p. 17

As to rainfall, all candidates at the venue faced the prevailing conditions, and a fresh test would expose the petitioners to different conditions and risk unequal treatment.

Source reference: pp. 18–19

On measurement, the Court reviewed the videography and found no apparent error or procedural departure; it found no basis to replace the board’s assessment.

Source reference: pp. 20–21

The alleged foul likewise did not justify a fresh attempt under the governing instructions.

Source reference: pp. 20–21
05

Holding

The Court held that the petitioners had established no violation of the 1989 Rules or the 2025 Standing Order, and that neither the 1989 communication nor the individual complaints justified reopening the PET.

All four writ petitions were dismissed, pending applications were disposed of, and no order as to costs was made.

Source reference: p. 21
Rajasthan High Court

Original Court PDF

VINOD KUMARvsRAJASTHAN PUBLIC SERVICE COMMISSION

Rajasthan High Court · October 06, 2026

Click to open original judgment

Original judgment, available to read, download and summarize on LawLens.in

Click to open original judgment