The completion of the recruitment process and appointments given to selected candidates rendered the appellant's request for re-scheduling the walking test infructuous.

ORDER :

HASMUKH D. SUTHAR, J.

1. This Appeal under Clause 15 of the Letters Patent is filed against the order dated 17th April 2023 passed by a learned Single Judge of this Court in the Special Civil Application No.19827 of 2022, whereby the learned Single Judge was pleased to dismiss the writ-application filed by the appellant herein – original petitioner.

2. The facts giving rise to this Appeal may be summarised as under :

3. The appellant herein – original petitioner preferred the Special Civil Application No.19827 of 2022 with the following prayers :

“(A) That the Hon’ble Court be pleased to issue a writ of or in the nature of mandamus commanding the respondent to suitably re-notify the date of second and last walking test that has been currently scheduled to be held on 17.09.2022 vide Advertisement numbered FOREST/201819/1 dated 08.09.2022.

(B) That pending the hearing and final disposal of this petition, the Hon’ble Court be pleased to restrain the respondent from conducting the second and last waling test that has been currently scheduled to be held on 17.09.2022 vide Advertisement numbered FOREST/201819/1 dated 08.09.2022.”

4. It appears that the learned Single Judge rejected the prayer of the appellant herein for re-scheduling the date of the second and last walking test and dismissed the writ-application vide order dated 17th April 2023. The order reads thus :

“….Thus, in my opinion re-notification of the dates would amount to going beyond the recruitment rules 2016. Further, accepting such request would not permit to attain finality to the recruitment process.

10. Moreover, from the recruitment rules 2016, it is clear that every candidate who had cleared the written examination is to be provided with two opportunities to appear in the physical test. In the present case, two opportunities to the present petitioner have been provided, however, he could not participate in the second physical test scheduled on 17.09.2022. Further, pursuant to the select list published, appointments were also given to the selected candidates and entire recruitment process is over, therefore, prayer prayed for in the present petition is no consequence and, on that ground, also present petition deserves no consideration.

11. In view of above facts and reasons this petition deserves to be dismissed and accordingly dismissed. Notice is discharged.”

5. The case of the appellant herein is that pursuant to the advertisement dated 6th November 2018, he had applied for recruitment to the post of Forest Guard (Class-III). The appellant herein had appeared in the written examination scheduled on 27th March 2022 and was declared successful in result declared on 12th May 2022. Since he obtained the requisite qualifying marks in the written examination, he became eligible to appear in the physical test scheduled to be held on 3rd September 2022. The petitioner did participate in the physical test (walking test), however on account of his ill-health he could not finish the walking test. The petitioner was diagnosed with Rhabdomyolysis with ATN and he was advised to take rest for atleast two months. The second walking test was re-notified on 17th September 2022. Therefore, the petitioner made a written representation on 10th September 2022 before the respondent and informed about his inability to appear in the said test owing to his serious health condition and requested for re-scheduling the second and last attempt of walking test. Pursuant to the communication dated 13th September 2022, the respondent rejected the request made by the petitioner for re-scheduling the second and last walking test and also informed the appellant herein that failing to appear in the test would make him ineligible for selection.

6. On 7th October 2022, the learned Single Judge was pleased to issue notice to the respondents and pursuant to the same, the respondents herein filed an affidavit-in-reply dated 10th January 2023. Since there was a walking test scheduled by the respondent o