Court No. - 29

Case :- SPECIAL APPEAL No. - 201 of 2022

Appellant :- Nandu Kumar

Respondent :- Union Of India 4 Others

Counsel for Appellant :- Kranti Kiran Pandey

Counsel for Respondent :- A.S.G.I.,Bal Mukund

Hon'ble Pritinker Diwaker,J.

Hon'ble Ashutosh Srivastava,J.

This Intra Court Appeal at the instance of a unsuccessful writ

petitioner has been filed questioning the judgment and order

dated 16.12.2021 passed by the learned Single Judge in Writ

(A) No.13378 of 2021 (Nandu Kumar Vs. Union of India and 4

others) whereby the writ petition has been dismissed.

The writ petition was filed seeking issuance of a Writ of

Mandamus commanding the respondents to issue an Admit

Card to the petitioner for appearing in the Review Medical

Examination (RME) for the post of Constable (GD) in CAPF,

NIA, SSF and Rifleman (GD) in Assam Rifles Examination,

2018 after condoning the postal delay, if any.

It is contended on behalf of the writ petitioner/appellant that he

had applied for appointment as Constable (GD) in CAPF, NIA,

SSF and Rifleman (GD) in Assam Rifles and had cleared the

written examination. He cleared the physical standard

test/physical efficiency test as also the computer based exam

held at Patna in Bihar. He was, however, declared unfit during

the medical examination on 29.01.2020. He preferred an Appeal

before the Review Medical Board through speed post on

11.02.2020 annexing a demand draft dated 10.02.2020 for

Rs.25/- towards fee for Review Medical Examination. The

Appeal was duly received by the respondent authority on

13.02.2020. Though the Appeal reached the Appellate Authority

within the period of 15 days from the date of the medical

examination i.e. 29.01.2020 and the demand draft submitted

along with the appeal was duly encashed on 07.04.2020 no

decision was taken in the appeal nor the petitioner was allowed

to appear before the Review Medical Board. The petitioner

under such circumstances was constrained to approach the

Court by filing the writ petition giving rise to this appeal.

It is argued that the learned Single Judge fell in error in

dismissing the writ petition merely on the ground of delay and

laches. It was the case of the writ petitioner before the learned

Single Judge that his appeal had not been rejected as belated

rather his appeal was not considered at all and he was not asked

to appear before the Review Medical Board though the demand

draft had been encashed. Further, the learned Single Judge erred

in law in dismissing the writ petition in lemine on the ground

that third party rights have intervened.

We have heard learned counsel for the appellant/writ petitioner

as also the learned counsel appearing for the respondents and

have perused the record.

A perusal of the impugned order of the learned Single Judge

reveals that the learned Single Judge had sought the instructions

from the Counsel for the respondent regarding when the

selection process was completed and whether all the selected

candidates had been sent for training. In response to the said

query it was informed that the selection process for recruitment

on the post of Constable (GD) in CAPF, NIA, SSF and

Rifleman (GD) in Assam Rifles Examination, 2018 had been

completed and results were declared on 21.01.2021 and the

selected candidates had been sent for training in May, 2021.

We find that the writ petitioner/appellant instituted the writ

petition for the relief claimed therein on 10.08.2021, much after

the recruitment process had been completed and the selected

candidates had been sent for training. In our opinion, the

learned Single Judge was entirely justified in declining the

relief to the writ petitioner/appellant by recording the factum

that the selection process was completed, results were declared

on 21.01.2021 and selected candidates were sent for training in

May, 2021 and thus third party rights had intervened.

In view of the above,