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2025 DAILYLAW 24714 (ALL)

AKASH KUMAR v. UNION OF INDIA AND 3 OTHERS

WRIA/2617/2025 · 2025-03-02

Neeraj Tiwari

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:29298 Court No. - 6 Case :- WRIT - A No. - 2617 of 2025 Petitioner :- Akash Kumar Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Kiran Rani,Laloo Yadav Counsel for Respondent :- Gaurav Bishan,A.S.G.I. Hon'ble Neeraj Tiwari,J. 1. Heard learned counsel for petitioner and Sri Gaurav Bishan, learned counsel for respondents. 2. Present petition has been filed seeking following reliefs:- "A) A writ order or direction in the nature of certiorari quashing the impugned order dated 16.10.2024 passed by respondent no. 3 and again give his an opportunity for PST Exam to the petitioner in the Sub-Inspector in Delhi Police, Central Armed Police Forces Examination, 2024 to this writ petition. B) A writ order or direction in the nature of mandamus commanding the respondents to issue an admit card and again give his an opportunity for exam of Physical Standard Test of the petitioner in Sub-Inspector in Delhi Police, Central Armed Police Forces Examination, 2024 and give them (petitioner) opportunity in selection." 3. Learned counsel for petitioner submitted that petitioner has filled up application form for the post of Sub-Inspector in Delhi Police, Central Armed Police Forces Examination, 2024, in which he was declared physically unfit on the ground that his chest has not been expanded as required. He next submitted that petitioner has filed appeal on the very next date, but same has been rejected on the ground that petitioner has to file appeal on the very same day. Therefore, petitioner may be given one more opportunity to file appeal. 4. Per contra, learned counsel for respondents submitted that proper information has been given to each and every candidates to file appeal on the very same day, but petitioner has not followed the same. Further, petitioner has challenged the impugned order before this Court in the last week of February, 2025 after taking around four months time to improve his physical deficiency with regard to the expansion chest. He next submitted that in case petitioner is permitted to file appeal, this would violate the conditions of Article 14 of Constitution of India as candidature of many other candidates have also been rejected on the very same ground. He further submitted that in case petitioner is aggrieved, he may have approached the Court at the earliest. 5. I have considered rival submissions advanced by counsel for parties and perused the records as well as order/letter dated 20.11.2024 addressed to the petitioner, which is not under challenged. 6. In case of non-expansion of chest, any candidate is permitted for physical test after a gap of around four months, that would frustrate the purpose of medical examination as the candidate would have enough time to improve his deficiency. 7. Vide order/letter dated 20.11.2024, petitioner has been informed that he has not filed appeal within the time prescribed and recruitment process has also been completed on 11.11.2024, which is not under challenged, therefore, no relief can be granted to the petitioner. 8. Therefore, under such facts of the case, if permission is granted that would be in teeth of Article 14 of Constitution of India as candidature of many other candidates have been rejected on the very same ground. 9. Therefore, under such facts, writ petition lacks merit and is accordingly, dismissed. 10. No order as to costs. Order Date :- 3.3.2025 Sartaj Digitally signed by :- SARTAJ AHMAD High Court of Judicature at Allahabad