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High Court of DelhiW.P.(C)/13241/2018

Rahul v. Union Of India And ANR.

2018-12-07Hon'Ble Dr. Justice S.Muralidhar,Hon'Ble Mr. Justice Sanjeev Narula3 pages

$~68 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ RAHUL ..... Petitioner Through:

Mr. Aditya Vashishath, Advocate.

versus UNION OF INDIA AND ANR.

..... Respondents Through:

Mr. Rajesh Kumar, Advocate.

Mr. Devender Singh, AC/CISF.

CORAM:

JUSTICE S.MURALIDHAR JUSTICE SANJEEV NARULA

O R D E R

% 07.12.2018 C.M. No. 51527/2018 (exemption)

1. Exemption allowed, subject to all just exceptions.

2. The Petitioner who passed the SSC (CAPF) examination 2016 on merits received a first call to join basic training at NISA, Hyderabad vide letter dated 14th December, 2017. He was to join training on 12th January, 2018.

3. On 9th January, 2018, he sent a letter seeking 15 days' extension stating that he had suffered from a back injury as a result of falling from the stairs at his house.

4. Vide letter dated 22nd January 2018, he was granted the first extension asking him to join basic training on 29th January, 2018 which was in fact beyond 15 days

after 12th January, 2018.

5. Stating that he had not yet recovered from his back injury, the Petitioner had send a second letter on 25th January, 2018 seeking 15 more days time to join the basic training. For the second time, his request was granted and he was by letter dated 6th February, 2018 asked to join training on 11th February, 2018.

6. This time again the Petitioner claimed that he was still suffering from back pain and that the doctor had advised bed rest for 15 days. By a letter dated 13th February, 2018, he again requested for extension for 15-20 days. For the third time by the letter dated 27th February, 2018 he was granted time till 25th March, 2018 to join the training.

7. It is thus seen that although the Petitioner was to join the training first on 12th January, 2018, his request for extension was granted thrice and time was extended to him to join training up to 15th March, 2018.

8. The Petitioner still did not join training and requested for a fourth extension till June 2018. This time the excuse was not that he was suffering from any back pain but that he was in the last semester of his MBA degree course which he was pursuing in Jamia Milia Islamia University and that if he did not attend his last session, all his two years of work and money deposited as fees will get wasted.

9. This request for fourth extension was sent by the Petitioner by a letter dated 13th March, 2018. This last request was refused by letter dated 30th April, 2018 requiring the Petitioner to join basic training by 15th May, 2018.

10. Claiming that this letter dated 30th April 2018 was received by him only on 16th May, 2018, the Petitioner states that he had also sent an email on 1st July, 2018 and letter dated 17th July, 2018 to the concerned authorities that the letter dated 30th April 2018 was received later than the joining date, but he received no reply.

11. It needs to be noted that although the last letter of the Respondents which the Petitioner is impugning in this petition is dated 30th April, 2018, he has chosen to wait for seven months to approach this Court.

12. The facts speak for themselves. Despite three extensions, the Petitioner was unable to join the training. There cannot be endless extensions of time to join training. In the circumstances, his prayer in this petition that the Respondents should be directed to permit him to join training is plainly untenable.

13. There is no merit in this petition and the same is dismissed accordingly. S. MURALIDHAR, J.

SANJEEV NARULA, J.

DECEMBER 07, 2018 ss