Second Appellate Court dismissed the appeal as barred by limitation. The Court exercised jurisdiction despite the bar to examine merits, finding the petitioner's delay of over two years in seeking judicial intervention fatal and insufficiently explained.
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Court No. - 21
Case :- SPECIAL APPEAL DEFECTIVE No. - 471 of 2018
Appellant :- Satendra Kumar Chaurasia Respondent :- State Of U.P. And 2 Ors. Counsel for Appellant :- Pankaj Kumar Srivastava,Sasmita Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Govind Mathur,J. Hon'ble Chandra Dhari Singh,J.
This appeal is barred by limitation from 39 days. Ignoring the same we have examined the merits of the case.
This appeal is before us to challenge the order dated 18.05.2018 passed by learned single Bench dismissing Writ-A No. 12117 of 2018.
Submission of learned counsel appearing on behalf of petitioner appellant before learned single Bench was that on 12.5.2016 he faced physical test wherein he found less than the minimum standard fixed for measuring height. Learned single Bench refused to interfere in the matter after lapse of more than a period of two years from the date of physical test. It is submitted by learned counsel for the petitioner appellant that the writ petitions of similar nature were disposed of by the single Bench with a direction to hold review medical tests.
On going through the orders said to have been passed in similar petitions, we noticed that those were passed on 19.10.2016 pertaining to a physical standard test conducted on 22.9.2016. In the case in hand the physical standard tests conducted on 12.5.2016 and 19.8.2016. The petitioner appellant approached the Writ Court in the year 2018. No adequate explanation is available for such delay. Even otherwise in selection matters especially where the physical test is to be conducted, the person aggrieved required to approach the Court as soon as possible.
The delay in the case in hand is fatal, therefore, learned single Bench rightly dismissed the petition for writ. No interference is warranted in Appellate Jurisdiction. Appeal too is dismissed.
Order Date :- 31.7.2018 Shekhar
[Chandra Dhari Singh, J.] [Govind Mathur, J.]
2 issues framed by the court
Whether the second appeal arose out of a writ petition seeking direction for medical fitness review was barred by limitation.
Whether there was any adequate explanation for the delay of two years in approaching the Writ Court.
Satendra Kumar Chaurasia
State Of U.P.
2
Govind Mathur
Chandra Dhari Singh
As recorded by the court registry
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