MP High Court Grants Interim Relief To Candidate Who Could Not Perform Well In Physical Test For Constable Post Due To 'Torrid Heat'
The Madhya Pradesh High Court recently granted interim relief to a candidate who appeared for the physical proficiency test for the post of Constable by directing authorities to give him another chance to reappear for the test. The Petitioner/Candidate had claimed that he could not perform well in the test as he was made to stand in the sun for 5 and a half hours by the selectors,...
The Madhya Pradesh High Court recently granted interim relief to a candidate who appeared for the physical proficiency test for the post of Constable by directing authorities to give him another chance to reappear for the test. The Petitioner/Candidate had claimed that he could not perform well in the test as he was made to stand in the sun for 5 and a half hours by the selectors, in torrid heat, before he was assigned the task.
Granting interim relief to the Petitioner, Justice M.S. Bhatti directed-
As an ad-interim measure, it is directed that respondents shall allow the petitioner to appear in the Physical Proficiency Test, which is to be commenced from 6-6-2022. However, participation of petitioner in the aforesaid test shall remain subject to final outcome of this writ petition and no right shall accrue in favour of the petitioner on account of such participation.
The case of the Petitioner was that he had had passed the written examination for the post of Constable. He was then subjected to a physical test when the temperature in the whole of State was well above 40 degrees. During the test, all candidates were made to wait in the sun which adversely affected their level of energy. Corollary to the same, the Petitioner could not perform well in the task given to him.
The Petitioner submitted that considering the effect of heat on candidates, the authorities postponed the physical test but decided not to grant another opportunity to candidates, such as the Petitioner who had already appeared for the test, to reappear. The Petitioner had made a representation to the authorities requesting that he be given another opportunity to appear for the physical test, but to no anvil. Aggrieved by the same, he moved the Court.
Examining the submissions of the parties and documents on record, the Court issued notice to the Respondents and as an ad-interim measure, directed the authorities that the Petitioner be allowed to appear in the physical proficiency test which is to be commenced from 06.06.2022.
Matter is to be listed after four weeks.
Case Title : SHAILESH KUMAR TIWARI Vs THE STATE OF MADHYA PRADESH AND OTHERS