Chhaya v. Union Of India & ORS

$~34 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CHHAYA ..... Petitioner Through Mr. Pradeep Kumar Yadav, Ms. Jaya Yadav & Mr.

Ashutosh Yadav, Advocates.

versus UNION OF INDIA & ORS ..... Respondents Through Mr. Darpan Wadhwa & Mr. Shlok Chandra, Advocates.

CORAM:

HON'BLE MS. JUSTICE INDIRA BANERJEE HON'BLE MR. JUSTICE ANIL KUMAR CHAWLA

O R D E R

% 23.11.2016 In this writ petition, the petitioner, a candidate for the post of Signal Staff in the Central Reserve Police Force (CRPF) has sought orders, commanding the respondent authorities to allow the petitioner to appear for medical examination.

Pursuant to a recruitment notice, which unfortunately has not been annexed to the writ petition, the petitioner applied. It is stated that the petitioner had the requisite eligibility and was accordingly allowed to take the Written Test as also the Physical Endurance Test which she duly cleared.

It is not in dispute that the Medical Test was scheduled to be held on 19.08.2016. According to the petitioner, the petitioner was diagnosed with acute fever and admitted to the District Hospital Rampur on 13.08.2016 and she was advised complete bed rest for one week. The petitioner has stated that she was discharged from the Government Hospital Rampur on 20.08.2016.

The petitioner has claimed that she went to the medical examination centre at 7:00 am on 21.08.2016 but no arrangements were made for her medical examination. If the date for the medical examination was 19.08.2016, there could be no question of holding a separate examination for her on 21.08.2016, when she had not even made any application till that date for holding a separate medical examination for her. The petitioner made a representation dated 01.09.2016, a copy whereof has been annexed to the writ petition. In the representation, she stated that she could not appear for the medical test on 19.08.2016 on account of her illness. Admittedly, no intimation had been sent to the respondents of her illness either before or on the date on which her medical examination was scheduled to be held, or immediately thereafter.

In the representation, the petitioner contended that by reason of her treatment between 13.08.2016 to 20.08.2016, she could not get information with regard to the admit card for the medical examination. Learned counsel appearing on behalf of the respondents, however, submits on instructions that all information was available on the internet and admit cards could be downloaded from 18.07.2016 onwards.

Learned counsel appearing on behalf of the respondents submits on instructions that the posts advertised have since been filled up. The posts having been filled up, the writ petition has become infructuous and the same is dismissed.

INDIRA BANERJEE, J ANIL KUMAR CHAWLA, J NOVEMBER 23, 2016 rs