Dismissed

Rajesh Kumar and Another v. State of U.P. and 4 Others

Allahabad HC22 Feb 2023WRIA/942/2023

Case brief

AI extract

What is this about?

Petitioners sought writ directions to undergo physical efficiency test and selection for Constable posts, relying on Ran Vijay Singh. The Court examined instructions from standing counsel revealing petitioners ignored multiple summons to appear. The petition was dismissed as misconceived due to inaction by petitioners.

What did the court decide?

Petitioners' direction for holding physical test and permitting selection process was denied; petition dismissed.

Rajesh Kumar and Another Vs State of U.P. and 4… — Service and Employment | Allahabad HC (2023)

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Court No. - 33

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Case :- WRIT - A No. - 942 of 2023

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Petitioner :- Rajesh Kumar And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Siddharth Khare Counsel for Respondent :- C.S.C.

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Hon'ble Jaspreet Singh,J.

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Heard Shri Siddharth Khare, learned counsel for the petitioners and Shri Birendra Pratap Singh, learned Standing Counsel for the State-respondents.

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By means of the instant petition, the petitioners pray for the following reliefs:-1 and 2

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"(a) A writ, order or direction in a suitable nature commanding the respondent authorities to forthwith hold the physical efficiency test of such petitioners who have been precluded to appear in the same and undertake follow up process for appointment on the post of Constable pursuance to advertisement dated 16.11.2018.

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(b) A writ, order or direction in a suitable nature commanding the respondent authorities to forthwith permit such petitioners to undergo the remaining process of selection i,e., DV/PST followed by PET and Medical Examination which has yet not been taken within a period to be specified by this Hon'ble Court and undertake follow up action for appointment on the post of Constable pursuance to advertisement dated 16.11.2018 without taking any objection of impersonation against all the petitioners."

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It is urged by the learned counsel for the petitioner that the case of the petitioners is squarely covered by the decision of this Court in the case of Ran Vijay Singh and Ohters Vs. Union of India; 2018 (6) ADJ 369 and in this backdrop, the Court has required to learned Standing Counsel to seek instructions by means of an order dated 10.02.2023, as to whether the benefit of the decision of Ran Vijay Singh (supra) can be extended to the petitioners.

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In furtherance of the said, learned Standing Counsel has provided the written instructions dated 20.02.2023 and it has been stated in Para 5 of the said instructions that the petitioner no.1 was informed to appear for the physical as well as document verification on 11.12.2019, 08.01.2020, 10.01.2020 and 11.01.2020. Similarly, the

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petitioner no.2 was informed to appear on 26.12.2019, 06.01.2020, 10.01.2020 and 11.01.2020. Both the petitioners did not turn up on any of the dates and almost after two years and 10 months the petitioners have approached this Court.

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Considering the aforesaid written instructions, where there is no mention by the petitioners in the petition regarding the fact that they were informed to appear and they do not chose to appear despite information, hence, this Court is not inclined to entertain the petition, which deems misconceived and it is accordingly dismissed . In the facts and circumstances, there shall however be no order as to costs.

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Order Date :- 22.2.2023 Zafar

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Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad

Rajesh Kumar and Another v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

Rajesh Kumar and Another v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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