HANSRAJ Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner has sought a writ of certiorari for quashing the result of the petitioner declared by the respondent (Central Examination Committee) declaring the petitioner as fail and for quashing the discharge order dated 12th May, 2010 issued by Deputy Chief Security Commissioner and Chief Security Commissioner and a direction to the respondents directing them to appoint the petitioner to the post of Sub Inspector in RPF Training Centre or in the alternative to grant a second chance to appear in the final written examination.

(2.) BRIEF facts to comprehend the disputes are that the petitioner pursuant to an advertisement had applied for the post of Sub Inspector in RPF/RPSF against OBC category. The petitioner alleged that he was found eligible to appear in the written examination. The petitioner appeared in the written examination and he was declared successful and thereafter, he was called for viva voice by letter dated 16th December, 2008. For viva voice, the petitioner had to appear before the Senior Commanding Officer, 7th Battalion, RPSF ZTS Road, Moula-Ali, Hyderabad.

(3.) THE petitioner stated that after his appointment he underwent training, which was completed by him successfully. THE petitioner contended that he belongs to 50th Batch which is apparent from the letter dated 4th October, 2011 issued by Staff Officer, Chief Security Commissioner, Railway Protection Force. According to the petitioner, under the scheme of training subsequent to the appointment he had to undergo an initial training/course in two phases. THE phase I (Basic Professional Training) of nine months and phase-II (Practical Training) at Zonal Head Quarters for two months. THE petitioner further disclosed that prior to completion of basic professional training, the petitioner and his other batch mates were sent for practical training for two months between 20th November, 2009 and 20th January, 2010. THE petitioner along with his batch mates were sent for basic professional training and thereafter, he was again sent for practical training for 20 days between 5th April, 2010 and 25th April, 2010. THEreafter, the petitioner had to appear in the written examination which was scheduled to be held with effect from 14th March, 2010 upto 20th March, 2010. THE grievance of the petitioner is that unfortunately he fell seriously ill during the course of written examination which fact was also intimated by him verbally to higher officials. Since the requisite medical facilities were not available in the training centre, the IG had allowed the petitioner to avail the medical facilities outside the training centre. To avail the medical facilities outside the training centre the petitioner visited private doctor on 14th March, 2010 who had advised him to undergo certain diagnostic tests which revealed that the petitioner was suffering from Typhoid and he was advised complete bed rest for 10 days.