Writ petition dismissed for lack of merit as petitioner failed to file appeal within time and the demand draft was deemed invalid; review medical examination cannot be ordered post-final result.
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Court No. - 36
Case :- WRIT - A No. - 335 of 2021
Petitioner :- Kunwar Shashank Singh Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Kranti Kiran Pandey Counsel for Respondent :- A.S.G.I.,Purnendu Kumar Singh
Hon'ble Mrs. Sunita Agarwal,J.
It is submitted by the learned counsel for the petitioner that demand draft dated 24.2.2020 had been prepared by the petitioner which was duly encashed by the respondent as is clear from the report of the concerned bank at page '38' of the paper book.
Noticeable is the fact that the petitioner was declared unfit by the Medical Board on 10.2.2020 (Annexure-5 to the writ petition).
In none of the paragraphs of the writ petition, the petitioner states that he had filed an appeal in the prescribed format within prescribed time. The averments in para '13' of the writ petition are not supported by any material evidence as copy of the speed post receipt is not filed.
The demand draft appended as Annexure-'7' (at page '37' of the paper book) therefore, is a waste piece of paper.
Learned counsel for the respondents on the basis of instructions received by him submits that the final result has been declared on 21.1.2021.
This writ petition has been filed in the month of January, 2021 on the basis of decision of this Court rendered in the month of November, 2020. The petitioner is a fence-sitter. The respondents cannot be directed to conduct the Review Medical Examination after declaration of final result.
For the above facts, the writ petition is dismissed being devoid of merit.
Order Date :- 3.2.2021 Harshita
Kunwar Shashank Singh
Union Of India
Sunita Agarwal
As recorded by the court registry
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