Madhya Pradesh High Court
Ajay Kumar Sahu vs Director General Of Central Reserve ... on 20 June, 2014
1
Writ Petition No.14943/2010
Writ Petition No.14943/2010
20.06.2014
Shri K.N.Pethia , learned counsel for petitioner.
Shri Surendra Pratap Singh, learned counsel for
respondents.
With consent of learned counsel for the parties, the matter is finally heard.
The question which arises for consideration is whether a candidate can be deprived from consideration for appointment merely because he could not report for medical fitness examination on the scheduled date because the notice through ordinary post was not received in time.
Having applied for the post of Constable, Central Reserve Protection Force at Bhopal, the petitioner was examined on 29.11.2009 at Group Centre CRPF, Bangarasiyaf, Bhopal. Being found suitable, the petitioner was issued Medical Admit Card for medical examination scheduled on 11.09.2010 on 23.08.2010.
Evidently, the Medical Admit Card was sent through ordinary post, which the petitioner having received on 05.10.2010, he could not participate in the medical examination scheduled for 11.09.2010. On being approached, the respondents declined him to undergo medical examination. 2 Writ Petition No.14943/2010
Aggrieved, present petition has been filed seeking direction to respondents to permit him to undergo the medical examination and consider him for appointment on the post of Constable (General Duty).
It is contended on behalf of the petitioner that it was none of his fault in not appearing for medical examination on the scheduled date as the Medical Admit Card was received on 05.10.2010. Petitioner relies on the certificate issued by the Post Master, respondent No.4.
That, respondent No.4 in his return has admitted the fact that the letter sent by respondent No.2 by ordinary post was served on the petitioner on 05.10.2010. In paragraph 3,4 and 5 of the return it is stated by respondent No.4 that :
"3. That, the answering respondent at the outset very humbly submits that the envelop which has been received by the petitioner through post office Ranital B.P., under Majholi S.O.Katni, and he himself filed a certificate Annex.P-4 by certificate dated 05.10.2010 that the said envelope was delivered by the post office Ranital on 05.10.2010 to him about 02.00 pm Copy of the GDS, MCDA dated 05.10.2010 has been filed by the petitioner which is disclosed the said fact in which the petitioner sought a relief against the answering respondent.3 Writ Petition No.14943/2010
4. It is further submitted that the petitioner enclosed the photocopy of the envelope which was enclosed with the application for which was sent by the respondent No.1 to 3 "by ordinary post" in which the petitioner himself affixed the Ordinary Stamp. It is pertinent to mention here that there is no such provision in the establishment of the answering respondent for maintaining the record of ordinary mail or letters in any of the post office. The ordinary letters are received and delivered immediately by the concerned post offices.
5. It is submitted that the respondent No.4 have effected that delivery of said ordinary letter to the petitioner and he has issued a certificate to the effect that the said letter has been delivered to petitioner on 05.10.2010 on the basis of the statement and the certificate issued by the Respondent No.4. It can be said that the said letter has been delivered to the petitioner on 05.10.2010. It is further submitted that it appears that the Respondent No.4 has not committed any illegality or irregularity by delivering the said envelope to the petitioner, because the date and time has been mentioned in the certificate. Hence it appears that after receiving the above mentioned envelope he had acted very promptly and delivered to the petitioner on the date and time which is mentioned in the certificate."4 Writ Petition No.14943/2010
Though it is contended on behalf of respondents that due to incomplete address the delivery of letter is belated and the same is attributed to the petitioner. However, since there is no denial of fact that the letter sent by ordinary post was delivered by the postal department after the scheduled date, the petitioner cannot be blamed for not appearing for medical examination on the scheduled date.
In the realm of these facts, in the considered opinion of this Court, the respondents are not justified in not giving the petitioner an opportunity for medical examination.
Therefore, it is ordered that the respondents shall give one opportunity to the petitioner for medical examination on a date to be fixed by respondent No.2 and duly intimated to the petitioner at his address given in the petition by Registered letter acknowledgment due. And thereafter shall consider him for appointment as Constable (General Duty) on the basis of his performance in the examination held on 29.11.2009.
Let the steps be taken within 60 days from the date of communication of this order.
The petition is finally disposed of in above terms.
(SANJAY YADAV) JUDGE anand