SANDEEP KUMAR Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) LEARNED counsel for the petitioner would point out to a letter dated 18.05.2013 signed by the Deputy Divisional Director of the third respondent addressed to the Under Secretary, Staff Selection Commission, New Delhi, on the subject matter of appeal filed by the petitioner under Right to Information Act, 2005 in which the case in favour of the petitioner has been pointed out, inasmuch as the petitioner who belongs to the Scheduled Caste category had secured 38 marks whereas the cut off marks for Scheduled Caste category candidates in RL2 was 33 and there was an error in recording of the roll number which is not the fault of the petitioner and due to this error the petitioner was shown medically unfit whereas the factual position is to the contrary. A request was made for revision of result. A copy of this letter was endorsed to the petitioner and it is an official document in his authorized possession. The petitioner has made a representation dated 10.6.2013 for addressing his grievance which has not been needed despite recommendations made in his favour as above. Since no final decision has been taken, it would be inappropriate to entertain this writ petition at this stage and it would serve the ends of justice as prayed for by the learned counsel for the petitioner that a direction deserves to go to the respondents to consider and decide the representation in a time bound manner. The request of the learned counsel for the petitioner is reasonable.

(2.) RESULTANTLY , a direction is issued to the respondents to consider the aforesaid representation together with the copy of this petition treating it as a supplementary representation and take a final decision on revision of result in the matter within 7 days from the date of receipt of a certified copy of this order. In case the petitioner is found entitled to appointment as Constable (GD) in ITBP recruitment process 2011, he be offered appointment if all other eligibility conditions are met and to do so without any further delay. Disposed of with the above observations and directions.