Allahabad High Court
Dharmendra Kumar And 6 Others vs Union Of India And 2 Others on 20 August, 2019
Author: Suneet Kumar
Bench: Suneet Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 2 Case :- WRIT - A No. - 11917 of 2019 Petitioner :- Dharmendra Kumar And 6 Others Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Devesh Mishra,Arvind Tripathi,Vijay Gautam(Senior Adv.) Counsel for Respondent :- A.S.G.I.,Apurva Hajela Hon'ble Suneet Kumar,J.
Learned counsel for the petitioner submits, on instructions that the petitioners would be satisfied to confine the writ petition to relief 'b' alone and the other prayers is not being pressed. The statement is accepted and recorded.
Petitioners applied for the post of Constables (G.D.) in CAPFs, NIA & SSF & Rifleman (G.D.) in Assam Rifles-2015, pursuant to advertisement dated 24.01.2015 but were not selected. Aggrieved, petitioners have filed the instant writ petition. The sole prayer pressed by the learned counsel for the petitioners reads thus:
"(b) Issue a writ, order or direction, in the nature of mandamus, directing the respondent authorities to declare the remaining result of unfilled 7052 vacancies for the recruitment of Constables (G.D.) in CAPFs, NIA & SSF & Rifleman (G.D.) in Assam Rifles-2015, held in pursuance of the Advertisement dated 24.01.2015 and to declare the petitioners as selected on the post of Constables (G.D.) in CAPFs, NIA & SSF & Rifleman (G.D.) in Assam Rifles-2015."
Learned Senior Counsel appearing on behalf of the petitioners submits that the relief being pressed by the petitioners is covered by the judgment and order dated 5 April 2018, rendered by the Patna High Court in Pintoo Kumar Singh and others Vs. The Union of India and others (Civil Writ Jurisdiction Case No.4547 of 2017). The grievance/representation of the petitioners be decided in terms thereof.
Learned counsel for the respondent submits that an appropriate order shall be passed by the competent authority in the light of the Patna High Court judgment.
In view thereof, on consent, the writ petition is disposed of directing the competent authority to take decision, in respect of unfilled vacancies, if permissible under the rules, expeditiously, preferably within a period of two months from the date of filing of certified copy of this order alongwith copy of the writ petition and the judgement rendered in Pintoo Kumar Singh (supra).
It is clarified that the Court has not considered the right and contentions of the petitioners, on merits.
Order Date :- 20.8.2019/Atul