Aswan Kumar v. State Of Chhattisgarh And Others

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 4730 of 2008 Aswan Kumar, aged about 27 years, S/o Shri Chaitram Yadav, B. Sc. (Maths) (PGDCA), R/o Baijnath Para behind District Court, Durg (CG) ---- Petitioner

Versus

1. State of Chhattisgarh through Principal Secretary, Home Department, Govt. of Chhattisgarh, Secretariat, D.K.S. Bhawan, Raipur (CG)

2. Director General of Police, State of Chhattisgarh, Raipur (CG)

3. District Supdt. of Police, Rajnandgaon, District Rajnandgaon (CG) ---- Respondents For Petitioner : Shri V. G. Tamaskar, Advocate For Respondent/State : Shri Ashutosh Pandey, Panel Lawyer Hon'ble Shri Justice P. Sam Koshy Order On Board 15.05.2018 The grievance of the petitioner in the present writ petition is to the non-selection of the petitioner to the post of Constable in the recruitment process that was initiated in the year, 2008. 2.

Counsel for the petitioner submits that though the petitioner has been found meritorious in physical test so also in written test but he was not selected on an alleged ground of playing foul in the route march which was necessary for clearing selection process. This, according to the counsel for the petitioner is bad in law and illegal, therefore, prayed for a direction to the respondents for grant of appointment to the petitioner on the post of Constable.

3.

The respondents in their response to the writ petition have filed documents wherein the petitioner was found to have played foul in the route march of 15 Km. which was required for being selected in the recruitment process. The entries made in the register shows that the petitioner was caught red handed travelling on a bicycle whereas he was supposed to run the entire 15 Km. Route march. The reply of the respondents was filed as early as in September, 2008. Though almost 10 years have passed, no rejoinder has been filed by the petitioner. There is no reason to disbelieve the contention of the State Govt. while rejecting the candidature of the petitioner. Neither has the counsel for the petitioner been able to give any plausible counter to the reply of the respondents. 4.

Given the facts and circumstances of the case, this Court does not find any strong case made out by the petitioner calling for an interference with the action of the respondents. The writ petition thus being devoid of merits stands dismissed.

Sd/- P. Sam Koshy Judge Bhola