Madhya Pradesh High Court
The State Of Madhya Pradesh vs Sanjay Kumar Saxena on 3 August, 2012
W.A.No.846/2012
03.08.2012
Shri Vijay Pandey, learned Dy. Advocate General for
appellants.
This appeal is directed against an order dated
17.1.2012, passed by Single Bench in
W.P.No.6850/2012(S), by which the learned Single Judge
directed appellants herein to ensure walking test of the
respondent again, and if he is found fit, then to process his
matter in accordance with law.
This appeal is also barred by 137 days. So, the appellants have filed another I.A.No.9381/2012, seeking condonation of delay.
We have examined the order passed by the Single Bench and the record produced before us.
The facts of the case are that the respondent Sanjay Kumar Saxena was a daily wager employee under the appellants. An advertisement dated 20.8.2008 was issued for recruitment of daily wager employees on the post of Forest Guard in the Forest Department. The respondent had cleared written examination and thereafter he was subjected to physical test in which he was declared fit. However, as per the appellants, he could not qualify the waking test and on this ground, he was not selected. This action was assailed before the Single Judge by the respondent on the ground that in fact he was successful in walking test also. Learned Single Judge has examined the matter and found that if the respondent was unsuccessful in walking test, his signatures ought to have been obtained by the appellants. It was submitted by the appellants before the Single Bench that the signatures of other unsuccessful were also not obtained. But, in the case of the respondent, the learned single Judge found that it was doubtful whether he was successful or not. By the aforesaid order, the learned Single Judge has directed for a fresh walking test of the respondent.
In the aforesaid facts and circumstances, which is based on sound reasoning by the learned Single Judge, we do not find any error in the order. The learned Single Judge has recorded specific finding that in respect of unsuccessful candidates signatures were obtained and this has created doubt in the mind of learned Single Judge and on the basis of this, if a fresh walking test of the respondent has been directed, no fault is found. This appeal is found without merit and is dismissed at the admission stage.
As we have considered the case on merits, it is not necessary to issue notice of I.A.No.9381/2012 seeking condonation of delay in filing this appeal. This application is also dismissed.
(Krishn Kumar Lahoti) (Tarun Kumar Kaushal)
Judge Judge
A.Praj.