Petitioner sought appointment for Constable post claiming medical fitness despite prior unfitness findings. Court observed unexplained delay of one and a half years, held petition suffering from unexplained laches, and dismissed the writ petition without interference.
Writ petition dismissed on ground of unexplained laches.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 1927/2021
Brijesh Kumar S/o Shri Chhittar Singh, Aged About 30 Years, R/o Village And Post Bahaj Thok Raipura, Tehsil Deeg, District Bharatpur (Raj.).
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Sunil Kumar Singodiya. For Respondent(s) :
HON'BLE MR. JUSTICE ARUN BHANSALI
Order
17/09/2021
This writ petition has been filed by the petitioner on 8/2/2021 seeking a direction to the respondents to give appointment to the petitioner holding him medically fit and/or get the petitioner medically re-examined.
The petitioner applied for the post of Constable (G.D.), appeared in the written test, declared successful and was called for Physical Standard Test (P.S.T.), wherein, he was declared qualified and was required to appear in the process of selection. The petitioner was medically examined on 10/1/2017, however, he was not selected. The petitioner filed S.B.Civil Writ Petition No. 5468/2017, which came to be disposed of with the direction to the
(2 of 2)
[CW-1927/2021]
respondents to consider and decide the representation to be submitted by the petitioner. The representation made by the petitioner was rejected, against which the petitioner again filed a writ petition. Whereafter, the petitioner was called for medical examination on 28/2/2019, however, he was declared temporarily unfit. The petitioner again appeared before the medical board, which again found him unfit. By communication dated 6/5/2019, the petitioner was called for re-medical examination, however, the petitioner was declared unfit on the said date on account of defective vision.
The petitioner having obtained a prescription slip dated 27/1/2021 has filed the present writ petition inter alia claiming that as the petitioner is medically fit having 6/6 vision, the rejection of his candidature is not justified.
A perusal of the record indicates that the petitioner was medically re-examined on 6/5/2019 in terms of Annex.7 and was declared unfit. Having waited for one and a half year, the present writ petition has been filed for which no plausible explanation has been given by the petitioner.
The petition suffers from unexplained laches and, therefore, does not call for any interference by the Court.
Consequently, the writ petition is dismissed.
(ARUN BHANSALI),J
baweja/243
2 issues framed by the court
Whether the writ petition suffers from unexplained laches and warrants dismissal.
Whether the petitioner having obtained a prescription slip and claimed to be medically fit is entitled to appointment.
Brijesh Kumar
State Of Rajasthan
Director General Of Police
District Superintendent Of Police
Arun Bhansali
As recorded by the court registry
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