Allahabad High Court
Priyanka Yadav And Another vs Union Of India And 3 Others on 25 November, 2020
Author: Mahesh Chandra Tripathi
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 71 Case :- WRIT - A No. - 9542 of 2020 Petitioner :- Priyanka Yadav And Another Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Kranti Kiran Pandey Counsel for Respondent :- A.S.G.I.,Manu Vardhana Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner and Shri Manu Vardhana, learned counsel for respondents.
By means of present writ petition, the petitioner is assailing the validity of order dated 17.09.2020 passed by respondent no.3, whereby, the claim of petitioner has been rejected. Furthre prayer has been made to command the respondents to appoint the petitioner on the post of Constable (GD) in CAPF, NIA, SSF and Rifleman (GD) in Assam Rifles Examination 2018 after conducting her Review Medical Examination (RME).
Learned counsel for the petitioner states that in similar circumstances Pradeep Kumar Maurya has preferred Writ A No.9369 of 2020 (Pradeep Kumar Maura vs. Union of India and others), wherein the Court had allowed the writ petition with following observations:-
"Heard Sri Kranti Kiran Pandey, learned counsel for the petitioner and Sri Santosh Kumar Singh Paliwal, learned counsel for the Union of India.
The appeal of the petitioner for review medical board has been rejected on the ground that the demand draft of Rs. 25/- was not drawn at an SBI Branch. The requirements in the check list in regard to the demand draft are as follows:
"(ii) Demand Draft of Rs. 25/- in favour of DIG SHQ SSB GORKAHPUR.
(iii) Payable at SBI FERTILIZER TOWNSHIP BRANCH CODE-01873. Drafts payable at the place other than as mentioned in above will be rejected."
In this case the petitioner namely Pradeep Kumar Maurya, submitted his demand drafts of Rs. 25/- drawn at Canara Bank.
It is admitted that the bank draft of the requisite amount (Rs. 25/-) was made in favour of the competent authority, DIG SHQ SSB Fertilizer GORAKHPUR and deposited in the bank account, SBI Fertilizer Township Branch Code 01873 of such authority designated in the check list. Further it is not disputed that the said bank drafts were honoured and the amount was credited in the account of the competent authority. In this situation the bank which issued the bank draft was not relevant. At least no logic or rationale to insist on the deposit of bank drafts issued by one particular bank (SBI) was explained. The stand of the respondents is not sustainable considering the nature of rights of the petitioner which are at stake.
In such view of the matter the objection to the appeal of the petitioner for review medical board is misconceived and is liable to be rejected. The appeal is found to be maintainable.
The matter is remitted to concerned authority to process the appeal on its merit and conduct the review medical board of the petitioner as per law within a period of one month from the date of production of a computer generated copy of this order, downloaded from the official website of the High Court Allahabad.
The computer generated copy of such order be self attested by the petitioners (party concerned) along with a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked. The Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
The candidature of the petitioner shall thereafter be processed in accordance with law.
The writ petition is allowed to the extent indicated above."
Learned counsel for the petitioner states that the present matter is also squarely covered with the aforesaid matter and as such similar treatment may also be extended to the petitioner.
So far as the factual and legal aspect is concerned, moreover the same is accepted by counsel for the respondents.
In the facts and circumstances of the case, following the same set of reasoning, the writ petition is allowed. The matter is remitted to concerned authority to process the appeal on its merit and conduct the review medical board of the petitioner as per law within a period of one month from the date of production of a computer generated copy of this order, downloaded from the official website of the High Court Allahabad.
The computer generated copy of such order be self attested by the petitioners (party concerned) along with a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked. The Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
The candidature of the petitioner shall thereafter be processed in accordance with law.
Order Date :- 25.11.2020 A. Pandey