The Commissionerate petitioned for a review medical examination for a Constable post. The court dismissed the writ petition, ruling that issuing a direction was impossible due to the declaration of the final recruitment result and the petitioner's own delay in approaching the court.
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Court No. - 36
Case :- WRIT - A No. - 234 of 2021
Petitioner :- Pradeep Yadav Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Kranti Kiran Pandey Counsel for Respondent :- A.S.G.I.
Hon'ble Mrs. Sunita Agarwal,J.
The present petition has been filed seeking a direction to the respondents to allow the petitioner to appear before Review Medical Examination for the post of Constable (GD) CAPF, NIA, SSF and Rifleman (GD) in Assam Rifles Examination, 2018.
The first Medical Examination of the petitioner was conducted on 22.1.2020. The appeal for examination by a Review Medical Board was supposed to be filed within a period of fifteen days from the date of first Medical Examination. By placing a document dated 14.12.2020 at page-' 33' of the paper book, it is submitted by learned counsel for the petitioner that a demand draft dated 5.2.2020 was issued by the concerned bank and the same amount had been paid in the account on 22.4.2020.
The contention of the learned counsel for the petitioner that the rejection letter had been received by the petitioner on 4.11.2020 and thereafter, he filed the present petition.
Noticeable is the fact that though the petitioner was not called for Review Medical Examination which was supposed to be held after 15 days from the date of the first medical examination, but he did not approach this Court.
The declaration dated 19.10.2020 along with this writ petition had been given by the learned counsel for the petitioner that the petitioner was unable to personally swear the affidavit and hence he may be permitted to file the writ petition without affidavit of the petitioner.
The copy of the present petition was, however, served in the office of A.S.G.I on 4.1.2021 and, thereafter, it was filed.
It is intimated by the Sri Brijesh Kumar Srivastava learned Advocate on behalf of the respondents that in the meantime the final result of the recruitment examination has been declared on 21.1.2021.
With the declaration of the final result, it is not possible for the
Court to issue any direction to the Selection Board to allow the petitioner to appear before the Review Medical Board, moreso, in view of the fact that the delay is on the part of the petitioner.
The benefit as was given to the petitioner in the writ petition no.9369 of 2020 by the judgment and order dated 5.11.2020 cannot be extended to the petitioner herein as he is a fencesitter. The challenge to the decision of the First Medical expert board constituted by the recruitment agency, if entertained, at this stage, to relegate the petitioner to appear before the Review Medical Board, it would result in derailment of the recruitment process.
The writ petition is, accordingly, dismissed.
Order Date :- 3.2.2021/Harshita
2 issues framed by the court
Whether to issue a direction to allow the petitioner to appear for a Review Medical Examination in a recruitment process despite delay.
Whether the petitioner is entitled to the benefit of a prior judgment given his status as a fencesitter.
Pradeep Yadav
Union Of India
Sunita Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
