Petitioners sought a writ mandamus to allow appearance in the Review Medical Board for armed forces posts. The High Court dismissed the petition as devoid of merits and not maintainable since the final recruitment result had already been declared.
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Court No. - 36
Case :- WRIT - A No. - 258 of 2021 Petitioner :- Ajay Kumar Verma And Another Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Bhaju Ram Pprasad Sharma,Arvind Kumar Srivastava Counsel for Respondent :- A.S.G.I.,Om Prakash Gupta
Hon'ble Mrs. Sunita Agarwal,J.
The petitioners herein (two in number) have filed the present writ petition in the first week of January' 2021 seeking mandamus to permit them to appear in the Review Medical Board for recruitment to the post of Constable (GD) in CAPFs, NIA, SSF, and Rifleman (GD) in Assam Rifles Examination, 2018.
In the detailed medical examination i.e. at the first stage of the medical examination, both the petitioners had been declared unfit. It seems that they filed appeal for Review Medical Board. However, waiting for sometime they filed an application on 06.11.2020 seeking consideration of their appeal by the Review Medical Board. They were informed that their appeals had been rejected for some defect therein.
The contention is that in the similar set of facts and circumstance, this Court vide judgement and order dated 05.11.2020 had granted relief to the petitioners therein and direction had been issued to conduct fresh Review Medical Examination of the candidates whose appeals had been rejected on the ground of deficiency in the demand draft furnished by them.
It is noteworthy that the final result of the recruitment examination had been declared on 21.01.2021. The detailed medical examination of the petitioners was done on 20.1.2020 and 15 days time period was provided for filing the appeal. The date of filing of the appeals by the petitioners is also not disclosed. It is, however, stated that they were informed of the reason of rejection of their appeal due to defect in the demand draft orally.
The petitioners appear to have approached this Court after waiting for much time from the date of rejection of their appeals on the ground as stated in the writ petition.
The final result of the recruitment has, however, been declared on 21.1.2021. After declaration of the final result, it is not
possible for the Court to issue any direction as any interference at this stage would dislodge the recruitment process. The petitioners would come into the category of fence-sitter who were waiting of the outcome of proceedings undertaken by other similarly situated candidates. They not being vigilant of their rights cannot seek any indulgence from this Court at such a belated stage.
No direction as such can be issued. The writ petition is dismissed being devoid of merits.
Order Date :- 18.2.2021 Himanshu
2 issues framed by the court
Whether the Court can issue directions for a fresh Review Medical Examination after the final recruitment result was declared.
Whether a writ petition is maintainable when the candidate seeks relief at a belated stage after the recruitment process was finalized.
Ajay Kumar Verma
Union Of India
Sunita Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
