In a writ petition challenging a medical unfitness declaration in a CAPF recruitment, the petitioner sought appointment and quashing of results. The Court dismissed the petition, ruling it was not inclined to entertain it due to a delay of approximately seven years in filing.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.24278 of 2018
======================================================
Bikesh Kumar Singh Son of Harendra Singh Resident of Village-P.O.Swetapur-Via-Mairwa, P.S.-Mairwa, District-Siwan.
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Tej Bahadur Singh, Sr. Advocate Mr. Brisketu Sharan Pandey, Advocate For Union of India : Mr. Ram T. Singh, Advocate For the SSC : Mr. Radhika Raman, Advocate ======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 15-04-2024
Heard learned Senior Counsel for the petitioner, learned counsel for the SSC and learned counsel for the Union of India.
(i) For issuing writ of mandamus and thereby directing the respondents to consider the petitioner for appointment against the post of Constable (General Duty) in
Patna High Court CWJC No.24278 of 2018 dt.15-04-2024 2/4
furtherance to the selection process conducted for selecting constable under general duty (G.D.) in Central Armed Police Force (CAPF - G.D.).
(ii) For quashing the result (Annexure-P-4) of the recruitment of constable G.D. in BSF, CISF, CRPF and SSB 2011 to the extent that the petitioner has been declared unfit in the medical result.
(iii) Further the respondents may be directed to produce the file in relation to the selection of the petitioner with a view to examine the documents submitted by the petitioner during the screening process, the medical certificate submitted by the petitioner during the selection process.
(iv) Further the Hon'ble Court may be pleased to hol that it was illegal on the part of the respondents to deny appointment of the petitioner against the post of Central Armed Police Force (CAPF)- Constable (G.D.) for which he has cleared written test, physical examination test, screening test and have furnished all the documents; on the ground of Medical Fitness ignoring the fact that the petitioner had submitted medical fitness certificate within time.
(v) For any other relief or reliefs for which the petitioners are found entitled in the facts and circumstances of
Patna High Court CWJC No.24278 of 2018 dt.15-04-2024 3/4
the case.
Patna High Court CWJC No.24278 of 2018 dt.15-04-2024 4/4
petition delayed, this Court is not inclined to entertain it and,
therefore, this writ petition is dismissed.
(Dr. Anshuman, J)
Mkr./-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| Uploading Date | 16.04.2024 |
| Transmission Date | NA |
2 issues framed by the court
Whether this Court can entertain a writ petition filed after a delay of about seven years regarding a recruitment dispute.
Whether the petitioner is entitled to the claimed relief despite the substantial delay in filing the petition.
Bikesh Kumar Singh
The Union Of India
The Chairman, Staff Selection Commission, Central Region
The Deputy Inspector General, Sector Headquarter, SSb, Purnea, Bihar
The CMO (SG), MET, Staff Selection Board, Purnea
Dr. Anshuman Oral
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
