Patna High CourtCWJC/11563/2014dismissed

Kundan Kumar v. The Union Of India And ORS

2019-02-25Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11563 of 2014 ====================================================== Kundan Kumar S/o Ram Chandra Singh R/o Village - Rusulpur, P.O. - Malikpur, P.S. - Goraul, Distt. - Vaishali.

... ... Petitioner

Versus

1. The Union Of India through Chairman, Staff Selection Commission, New Delhi

2. The Staff Selection Commission Central Zone, through Regional Director, 8A/B Baly Road, Allahabad

3. The Deputy Director, Staff Selection Commissioner Central Zone, 8A/B. Baly Road, Allahabad.

4. The DIS, SHQ, Border Security Force, B.S.F. Campus, Kishanganj. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Manish Chandra Gandhi For the Union of India :

Mr. Rajesh Kumar Verma, CGC For SSC : Mr. Anjani Kumar Sharma, ASG ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 25-02-2019 Heard learned Counsel for the petitioner and the learned Counsel for the respondents.

This writ petition has been filed by the petitioner being aggrieved by his being declared unfit in the medical test for the purpose of selection of Constable in the Combined Armed Police Force in the year 2013. The petitioner was a candidate for appointment as Constable (General Duty) in CAPF and Rifleman (General Duty).

Counsel for Union of India submits that the petitioner was declared medically unfit in the medical examination conducted on 29.1.2014 by the Medical Board by assigning

Patna High Court CWJC No.11563 of 2014(6) dt.25-02-2019 2/2 reasons. The candidates were therefore entitled to claim review medical examination. No such appeal for review medical examination was received from the petitioner and therefore he was not called for review medical examination. After completion of formalities in the said recruitment process final merit list of recruitment have been prepared long back in the year 2015 itself.

The aforesaid submission made in the counter affidavit has neither been denied or disputed by filing rejoinder though two adjournments were granted for the purpose. In view of the admitted position the writ petition is devoid of merit and is dismissed.

(Madhuresh Prasad, J.) SNkumar/- U