Amit Kumar v. Union Of India And Others

CM-3249 & 3250-CWP-2023 IN/AND RA-CW-49-2023 IN CWP-29613-2018 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CM-3249 & 3250-CWP-2023 IN/AND RA-CW-49-2023 IN CWP-29613-2018 Date of Decision: 24.02.2023 Amit Kumar ...... Applicant/petitioner

Versus

Union of India and others ......... Respondents

CORAM:

HON'BLE MR. JUSTICE RAJBIR SEHRAWAT Present :

Mr. Harinder Sharma, Advocate, for the applicant/petitioner.

***** RAJBIR SEHRAWAT, J. (ORAL) CM-3249-CWP-2023 This is an application for condonation of delay of 121 days in filing the present review application.

For the reasons mentioned in the application, the same is allowed and the delay of 121 days in filing the present review application is condoned. CM-3250-CWP-2023 Allowed, as prayed for.

RA-CW-49-2023 IN CWP-29613-2018 This is an application under Order 47 Rule 1 read with Section 151 of the Code of Civil Procedure and Article 226 of the Constitution of India for reviewing the order dated 22.09.2022 passed by this Court in CWP-296132018. A perusal of the order sought to be reviewed shows that the writ petition was dismissed on the ground that the Central Reserved Police Force (CRPF) had asserted that there is no exemption from medical fitness for any VIRENDRA SINGH ADHIKARI 2023.02.27 17:14 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court at Chandigarh

CM-3249 & 3250-CWP-2023 IN/AND RA-CW-49-2023 IN CWP-29613-2018 -2candidate to be recruited to any post in the force; and that the claim of the family had not been rejected as such, rather, the liberty had been given by the authorities to other eligible dependent member of the family to seek employment, subject to condition of eligibility and medical fitness. Learned counsel for the applicant has submitted that the recruitment rules do not show that any medical fitness is required for recruitment to the Class IV post. However, the leaned counsel has not been able to produce any rule which may have exempted the Class IV post from medical fitness as per medical standards prescribed for recruitment to the force. Therefore, there is no material to review the order dated 22.09.2022 passed by this Court. Moreover, the present review application is an attempt to re-argue the case, which is not even within the scope of the review permissible under the provisions of the Code of Civil Procedure. In view of the above, finding no merit in the present application, the same is dismissed.

(RAJBIR SEHRAWAT) JUDGE 24.02.2023 adhikari Whether speaking/reasoned Yes/No Whether Reportable Yes/No VIRENDRA SINGH ADHIKARI 2023.02.27 17:14 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court at Chandigarh