Rabi Kumar Sharma v. Union Of India And ORS.

14/10/2025 Ct. No. 7 D/L - 55 (Vacation Bench) SM/SK WPA 23615 of 2025 Rabi Kumar Sharma Vs.

Union of India & Ors.

Mr. Debasish Kundu Mr. Sayan Mukherjee Ms. Doyel Dey ...for the petitioner.

Mr. Ajit Kr. Chowbey Ms. Madhu Jana ...for the respondent.

1. Affidavit of service filed in Court today is taken on record.

2. Learned counsel for the petitioner submits that admittedly the petitioner has preferred an appeal by way of an email dated 15th September, 2025 and not within the statutory period.

3. Learned counsel for the petitioner relying on an order dated 18.9.2025 passed in WPA 21871 of 2025 by a coordinate Bench of this Court prays for parity and submits that his appeal may be considered.

4. Considering the relief as prayed for, has been granted by a coordinate Bench in similar circumstances. It is directed that the petitioner shall submit a representation before the appellate authority being the jurisdictional

appellate authority by enclosing the appeal memorandum and all other necessary documents by which he claims that his height is more than 170 cms. along with copy of today's order and upon receipt of the same, the competent authority shall consider the appeal on merits but strictly in accordance with law, within a period of three weeks from the date on which the representation shall be submitted. As it is submitted on behalf of the petitioner that after the said PST is over, if the candidate is successful, he/she shall have to face the detail medical examination before the medical board constituted by the selection committee and the said medical test is likely to commence within a short while, the above direction is made.

5. The appellate authority then shall communicate its reasoned decision to the appellate positively within two weeks from the date of the said reasoned decision to be taken by the appellate authority by registered post/speed post.

6. It is made clear that, this Court has not gone into the merits of the matter and it is for the appellate authority to take its independent decision in accordance with law.

7. Accordingly, this writ petition stands disposed of.

8. All parties shall act on the basis of the server copy of this order duly downloaded from the official website of this Court.

(Shampa Dutt (Paul), J.)