LAWS(GAU)-2019-2-164

SASHANKAR SONOWAL Vs. UNION OF INDIA.

Decided On February 21, 2019
Sashankar Sonowal Appellant
V/S
UNION OF INDIA. Respondents

JUDGEMENT

(1.) Heard Mrs. S. Borpatragohain, learned counsel for the petitioner and Mr. B. Sharma, learned CGC appearing for all the respondents.

(2.) Facts of the case in brief is that the petitioner responded to the advertisement issued by the Director General, Assam Rifles, Shillong in the Month of June, 2011, whereby, it was provided that recruitment rally for various post including the post of Armour, to which the petitioner applied for would be conducted from 14.09.2011 onwards. The petitioner participated in the physical test and the written test conducted and he was found to be qualified. However, in the medical examination, the petitioner was found medically unfit due to Cubitus Valgus and Cubital Recurvatum. The petitioner then preferred an appeal before Record Medical Branch of the Assam Rifles through proper channel and on the basis of his appeal, the petitioner was given another chance to appear before the Medical Board. Consequently, upon such re-examination, the petitioner was found to be fit but to the surprise of the petitioner, his name was not included in the 2nd select list prepared by the authorities.

(3.) Meanwhile, the petitioner again responded to the advertisement that was published on 25.09.2012 for the post of Operator Radio Line (ORL). In terms of the advertisement, the petitioner participated for the recruitment rally and qualified for the written test as well as the medical test, but when the select list was published on 20.07.2013, his name was not included. Being aggrieved, the petitioner is before this Court.