Md. Zeeshan Khan v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4109 of 2018 ====================================================== Md. Zeeshan Khan son of Md. Manir Khan Resident of Mohalla - Barahpura Eidgah Lane, Police Station - Ishakchak, District - Bhagalpur. ... ... Petitioner/s

Versus

1.

The Union Of India 2.

The Defence Secretary, Army Headquarters, Danapur, Patna. 3.

The Army Recruitment Office, Katihar through its Director,Recruiting. 4.

The Director Recruiting, Army Recruiting Office, Katihar. 5.

The Colonel, Army Recruitment Office, Katihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mrs. Shweta, Advocate For the Union of India :

Mr. Kumar Priya Ranjan, Advocate Mr. Girish Nandan Abhishek, Advocate Ms. Nirmala Singh, Advocate Mr. Vibhuti Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 25-09-2023 Heard Mrs. Shweta, learned Counsel for the petitioner and Mr. Kumar Priya Ranjan, learned Counsel appearing for the Union of India.

2. The present petition has been filed for the following reliefs:- (i) for issuance of a writ of certiorari or any other appropriate writ order or direction for quashing the rejection letter vide Slip No. 29 (Batch No.07) dated 13.02.2018 issued by the respondent no. 5 the Colonel, Army Recruitment Office, Katihar by which he has most arbitrarily and quite erroneously rejected the candidature

Patna High Court CWJC No.4109 of 2018(3) dt.25-09-2023 2/2 of the petitioner during selection process on his own accord on a quite false ground that the petitioner has not passed in the Ist Division of Intermediate Examination. (ii) for issuance of a writ of mandamus or any other appropriate writ order or direction commanding the respondent to conduct the Medical of the petitioner as he has successfully completed / passed physical test and has required qualification for the post of Soldier/ Clerk.

3. A counter affidavit is on record and paragraph 8 as also Annexure- E have narrated the facts of the case.

4. Mrs. Shweta, learned Counsel for the petitioner submits that she may be granted liberty to seek other remedy.

5. It goes without saying that the petitioner if so want can pursue alternate remedy.

6. The writ petition stands disposed of.

(Rajiv Roy, J) Neha/- U