Patna High Court - Orders
Upendra Kumar Singh vs The Union Of India & Ors on 29 June, 2018
Author: Jyoti Saran
Bench: Jyoti Saran
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7177 of 2016
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Upendra Kumar Singh
.... .... Petitioner/s
Versus
The Union of India & Ors
.... .... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Ashok Kumar Mishra, Adv.
For the Respondent/s : Mr. S.D Sanjay, Addl. Soc. Gen.
Mr. Anjani Kumar Sharan, ASG
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CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN
ORAL ORDER
2 29-06-2018The petitioner was disqualified for appointment as Constable (GD) in the selection process initiated in the year 2011 for filling up the post in the services of the BSF, CISF, CRPF and SSB inter alia on grounds that he failed in the medical fitness test. The Review Board concurred with the earlier decision. Later on the petitioner invoked the Right to Information Act that he was informed that he had in fact cleared the medical fitness test. It is thereafter that the petitioner moved this Court when a counter affidavit is filed by the respondent No. 4 and 5 admitting the position.
The argument advanced by Mr. Ashok Kumar Mishra, learned counsel for the petitioner is that it is entirely on account of default by the respondents themselves that the petitioner's case has been prejudiced for appointment.
Though copy was served on learned counsel for the Union Patna High Court CWJC No.7177 of 2016 (2) dt.29-06-2018 2/2 of India but the Staff Selection Commission which would be the relevant party has not been served. Mr. Anjani Kumar Sharan, learned Assistant Solicitor General appears and accepts notice on their behalf.
Let 2 copies of the entire pleadings including copy of the counter affidavit be served on Mr. Anjani Kumar Sharan, ASG by Monday, i.e. 02.07.2018.
Enabling counsel for the Staff Selection Commission to obtain instructions in the light of the position hereinabove, put up this case after four weeks on 23rd of July, 2018 within top 10 cases in Admission list.
The period in the meanwhile can also be utilized by the Staff Selection Commission for taking corrective measures.
(Jyoti Saran, J) Bibhash/Ranveer U