KAPIL KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) This intra-court appeal is directed against order dated 19.2.18 passed by the learned Single Judge of this Court, whereby the writ petition preferred by the appellant questioning the legality of the action of the respondents in rejecting his candidature for recruitment to the post of Constable (GD) in CAPFs and Riflemen (GD) in Assam Rifles, has been dismissed.

(2.) The appeal reported to be barred by limitation for 83 days, is accompanied by an application under Sec. 5 of the Limitation Act, 1953. The only reason assigned for condonation of delay is that the appellant an unemployed person, was preparing for competitive examination hence, could not decide in time to file appeal against the order impugned. The reason assigned for not filing the appeal within limitation, is not plausible and cannot be considered to be a sufficient cause and therefore, the application preferred for condonation of delay deserves to be rejected. However, in the interest of justice, we have examined the matter on merits as well.

(3.) The Staff Selection Commission issued a Notice/Advertisement for recruitment of Constable (GD) in CAPFs and Riflemen (GD) in Assam Rifles in various States. The selection process consisted of Physical Standard Test (PST), Physical Efficiency Test (PET), Written Examination and Detailed Medical Examination (DME). Candidates belonging to the State/Union Territory(UT) were to be considered for recruitment only against the posts earmarked for their respective State/UT, on production of valid "Domicile Certificate" issued by the competent authority so authorised by concerned State/UT to prove their domiciliary status. The stipulation made in this regard in the Notice/Advertisement reads as under :