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Amit Kumar Vs The Union Of India and Ors. — Patna HC (2026) — LawSathi Research

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Patna HC
2026
Amit Kumar Vs The Union Of India and Ors.Amit Kumar v. The Union Of India and Ors.

Dismissed¶25

Amit Kumar v. The Union Of India and Ors.

Patna HC22 Jan 2026CWJC/2318/2017

Case brief

AI extract

What is this about?

Patna High Court CWJC No. 2318 of 2017, decided 22-01-2026 by Partha Sarthy, J. Amit Kumar v. Union of India and others (Defence Secretary; Secretary, Department of Home; Director General, Asam Rifle, Silong; Regional Director, Staff Selection Commission, Central Range, Allahabad). Subject: appointment to post of Constable G.D. (Para Military) despite medical unfitness communication dated 29.11.2016; reliance on medical report dated 24.07.2012. Outcome: dismissed for non-prosecution due to repeated non-appearance of petitioner (19.1.2026 and 22.01.2026); petitioner unrepresented ('For the Petitioner/s : None'); respondents represented by Mr. Awadhesh Kumar Pandey, Sr. CGC and other counsel. No statute or precedent cited; no quantum involved.

What did the court decide?

The writ petition is dismissed for non-prosecution as no one appears on behalf of the petitioner.

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the respondents should be directed to issue an appointment letter to the petitioner and appoint him forthwith to the post of Constable G.D. (Para Military), considering the medical report dated 24.07.2012 and ignoring the communication dated 29.11.2016 declaring him medically unfit.

Ratio / Principle

The writ petition is dismissed for non-prosecution as no one appears on behalf of the petitioner.

Detailed headnote1 paragraphs

Patna High Court, CWJC No. 2318 of 2017 (Partha Sarthy, J): Writ petition by a candidate recorded as found fit and selected for the post of Constable G.D. (Para Military) (O.B.C. category, 63 marks, Roll No. 3205507966), seeking a direction to the Regional Director, Staff Selection Commission, Central Range, Allahabad to issue an appointment letter and appoint him forthwith, relying on a medical report dated 24.07.2012 of the Civil Assistant Surgeon, Government Sadar Hospital, Hajipur, Vaishali, and challenging the communication dated 29.11.2016 of the Regional Director-cum-V.C., S.C.C. (Central Range), Allahabad declaring him medically unfit for the post of Constable. No one appeared for the petitioner either on 19.1.2026 or on 22.01.2026; the petition was dismissed for non-prosecution. No issue on the merits was adjudicated.

A

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2318 of 2017

======================================================

Amit Kumar Son of Nawlesh Ray, resident of village - Gurmiya, P.O. Gurmiya, P.S. Kartahan, District – Vaishali, Bihar.

... ... Petitioner/s

Versus

The Union of India through the Defence Secretary, Government of India, New Delhi.

The Secretary, Department of Home, Government of India, New Delhi.

The Director General, Asam Rifle, Silong.

The Regional Director, Staff Selection Commission, Central Range, Allahaabad, Uttar Pradesh.

... ... Respondent/s

====================================================== Appearance : For the Petitioner/s : None For the Respondent/s : Mr. Awadhesh Kumar Pandey, Sr. CGC Mr. R.K.Sharma, CGC Mr. Avinash Kumar, Advocate Mr. Lokesh, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER

5 22-01-2026

No one appears on behalf of the petitioner. Learned

counsel for the Union of India is present.

The petitioner has filed the instant application for

the following relief(s):

“That the present writ petition has been preferred for issuance of writ, writs, order, orders, direction, directions specifically to the Regional Director, Staff Selection Commission, Central Range, Allahabad, Uttar Pradesh to issue appointment letter in favour of the petitioner, who has been found fit and selected for the post of Constable G.D. (Para Military) from amongst the O.B.C. candidates securing 63 marks, bearing Roll No. 3205507966.

Patna High Court CWJC No.2318 of 2017(5) dt.22-01-2026 2/2

Further be pleased to direct the respondent authorities to appoint the petitioner forthwith considering the medical report issued by the Civil Assistant Surgeon, Government Sadar Hospital, Hajipur, Vaishali on 24.07.2012, ignoring the same, the authority communicated on 29.11.2016 as medically unfit for the post of Constable by the Regional Director-cum-V.C., S.C.C.(Central Rage), Allahabad.

And pass such other order, orders as your Lordship may deem fit and proper in the facts and circumstances of the case.”

No one appeared on behalf of the petitioner on

19.1.2026 also.

As no one appears on behalf of the petitioner today,

the case is dismissed for non-prosecution.

(Partha Sarthy, J)

Saurabh/-

U

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the respondents should be directed to issue an appointment letter to the petitioner and appoint him forthwith to the post of Constable G.D. (Para Military), considering the medical report dated 24.07.2012 and ignoring the communication dated 29.11.2016 declaring him medically unfit.¶20

Procedural history

How this case reached the court

AI extract

Order under challenge
Communication dated 29.11.2016 declaring the petitioner medically unfit for the post of Constable, issued by the Regional Director-cum-V.C., S.C.C. (Central Range), Allahabad.¶20
Regional Director-cum-V.C., S.C.C. (Central Range), Allahabad · 29.11.2016
Prior proceeding
Petitioner was found fit and selected for the post of Constable G.D. (Para Military) from amongst the O.B.C. candidates securing 63 marks, bearing Roll No. 3205507966.¶18
Prior proceeding
Medical report issued by the Civil Assistant Surgeon, Government Sadar Hospital, Hajipur, Vaishali on 24.07.2012, on which the petitioner sought to rely.¶20

Parties & counsel

AI extract

petitioner
Amit Kumar Son of Nawlesh Ray¶3
respondent
The Union of India through the Defence Secretary, Government of India, New Delhi¶6
Mr. Awadhesh Kumar Pandey (Sr.), Mr. R.K.Sharma, Mr. Avinash Kumar, Mr. Lokesh
respondent
The Secretary, Department of Home, Government of India, New Delhi¶7
respondent
The Director General, Asam Rifle, Silong¶8
respondent
The Regional Director, Staff Selection Commission, Central Range, Allahaabad, Uttar Pradesh¶9

Coram

AI extract

Partha Sarthyauthor¶12

Case details

As recorded by the court registry

Court: Patna HC
Decided on: 22 Jan 2026 · January
Registered: 10 Feb 2017
Case no.: CWJC/2318/2017
CNR: BRHC010515832017
Bench: Partha Sarthy
Disposal: DISMISS FOR NON-PROSECUTION
Case type: CWJC

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Cite this judgement

Amit Kumar v. The Union Of India and Ors., CWJC/2318/2017 (PAT), decided on 22 January 2026.

The Patna High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Procedural history3

Communication dated 29.11.2016 declaring the petitioner medically unfit for the post of Constable, issued by the Regional Director-cum-V.C., S.C.C. (Central Range), Allahabad.Regional Director-cum-V.C., S.C.C. (Central Range), Allahabad · 29.11.2016
Petitioner was found fit and selected for the post of Constable G.D. (Para Military) from amongst the O.B.C. candidates securing 63 marks, bearing Roll No. 3205507966.
Medical report issued by the Civil Assistant Surgeon, Government Sadar Hospital, Hajipur, Vaishali on 24.07.2012, on which the petitioner sought to rely.

View full history

Bench / Coram

Partha Sarthy

Parties & counsel