An applicant seeking appointment as Constable (GD) in BSF approached the court after being denied medical examination due to absence from the appellate board, despite being initially allowed to appear. The High Court dismissed the petition.
None granted.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 4991/2011
Ashok Choudhary S/o Sh. Kailash Chand Choudhary, aged about 21 years, R/o Gram Basai, Teh. Kotputli, Disttt. Jaipur.
----Petitioner
Versus
----Respondents
For Petitioner(s) : None present For Respondent(s) : Mr. Ashish Sharma
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA
Judgment
11/12/2019
No one appears on behalf of the petitioner.
The petitioner has preferred this writ petition with the prayer that he should be allowed to participate in the medical examination to be conducted by the respondents for the post of Constable (GD) in BSF and consider the case of the petitioner for appointment on the post of Constable (GD) in BSF.
Learned counsel for the respondents submits that petitioner was allowed to appear in the medical examination and was found to be medically unfit. The petitioner thereafter filed an appeal but chose not to appear before the appellate Medical Board. In view thereof, it has to be presumed that petitioner has abandoned his claim for consideration for appointment.
(2 of 2)
[CW-4991/2011]
Learned counsel has placed before this court the Board proceedings as well as proceedings before the review Medical Board where it is noticed that petitioner-Ashok Choudhary remained absent.
No rejoinder to the reply filed by the respondents has been filed. In view of the contentions raised by the respondents in their reply, it is apparent that petitioner has abandoned his claim.
In view of the above, the writ petition has become infructuous and the same is accordingly dismissed as having become infructuous.
(SANJEEV PRAKASH SHARMA),J
FATEH RAJ BOHRA /6-246
1 issue framed by the court
Whether the petitioner's writ petition should be allowed as he sought participation in the medical examination for appointment.
Ashok Choudhary
Union of India through Director General, Boarder Security Force
The Commandant (BSF Recruitment)
Sanjeev Prakash Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
