Anil Kumar Dwivedi v. Secretary Vidhan Sabha Sachivalaya

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 6136 of 2021 • Anil Kumar Dwivedi S/o Shri Ramakant Dwivedi Aged About 50 Years R/o Near Shanti Offset, Near Civil Court, Civil Lines, Ward No. 21, Dongargarh, District Rajnandgaon Chhattisgarh ---- Petitioner

Versus

• Secretary Vidhan Sabha Sachivalaya Chhattisgarh Vidhansabha Balodabazar Road Vidhan Nagar Raipur Chhattisgarh ---- Respondents ________________________________________________________________________ For Petitioner :

Shri Arijit Tiwari, Advocate For Respondent :

Ms. Abhyunati Singh, Advocate appears on behalf of Shri Abhyuday Singh, Advocate on advance copy.

------------------------------------------------------------------------------------------------------------- Single Bench:Hon'ble Shri Justice Sanjay S. Agrawal Order On Board 29.10.2021 1.

By way of this petition filed under Article 226 of the Constitution of India, the Petitioner seeks indulgence of this Court for a direction to the Respondent to the extent of granting relaxation to the Physical Efficiency Test that is required for appointment to the post of "Marshal" and "Assistant Marshal", for which the Petitioner has already applied.

2.

It appears that in earlier Writ Petition, wherein vide its order dated 11.3.2019, this Court had directed for granting age relaxation to the Petitioner. Any further relaxation which the Petitioner should be entitled for or the relaxation which the Petitioner is claiming for, would now be exclusively within the domain of the Respondent.

3.

It has been informed by the learned counsel for the Petitioner that the Petitioner has already approached the Respondent by way of a detailed representation dated 15.6.2021 (Annexure P/9) in this regard seeking for further relaxation from the Physical Efficiency Test and which is still under consideration.

This Court, hence, is of the opinion that without expressing anything on the merits of the case, it would be more appropriate, if the Writ Petition is disposed of with a direction to the Respondent to consider and decide the representation of the Petitioner on its own merits objectively in accordance with law, at the earliest preferably before the recruitment process is in fact finalized. 4.

With the aforesaid observation, the Writ Petition accordingly stands disposed of.

Sd/- (Sanjay S. Agrawal) JUDGE sunita