LAWS(P&H)-2013-1-212

RADHE SHYAM Vs. UNION OF INDIA

Decided On January 16, 2013
RADHE SHYAM Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) The petitioner had submitted his application for consideration for appointment to the post of Constable in Assam Rifles/BSF/CRPF/CISF/ITBP/SSB. Such application had been submitted 'on line'. The petitioner had been issued a roll number for appearing in a Physical Standard Test. Thereafter, on 14.2.2012, the petitioner had even been issued a letter informing him that he had qualified the requisite Physical Standard Test. The petitioner thereafter had even been permitted to appear in the written test which was conducted on 22.4.2012. Appended along with the writ petition is a communication at Annexure P7 which does not bear a date, in terms of which the petitioner had been informed that he had even qualified the written test and had been called upon to appear in the medical examination.

(2.) The present writ petition has been filed in terms of raising a grievance that it was at such belated stage that the candidature of the petitioner had been rejected on the basis of an endorsement on his application form, Annexure P8, which read in the following terms:

(3.) Learned counsel appearing for the petitioner would vehemently contend that the petitioner has all through been signing in capital english letters and as such, the same cannot be a ground to reject his candidature. It has further been argued that the rejection, if at all, could have been at the very outset and not after the petitioner had duly qualified the Physical Standard Test as also the written test. Accordingly, it has been prayed that the rejection of the petitioner's candidature be held to be bad in law and directions be issued to the respondent-authorities to conduct the medical examination so as to facilitate his appointment to the post in question.