Court No. - 36
Case :- WRIT - A No. - 13306 of 2018 Petitioner :- Abhishek Bharti And 8 Others Respondent :- Union Of India And 4 Others Counsel for Petitioner :- Siddharth Khare Counsel for Respondent :- A.S.G.I.
Hon'ble Mrs. Sunita Agarwal,J.
Ms. Himkanya Srivastava has put in appearance on behalf of the respondents.
The present petition has been filed by nine petitioners with the following prayers:-
(i) a writ of certiorari be issued quashing the orders dated 13.10.2014 passed by respondent no.5;
(ii) further with regard to petitioners 3, 5, 6, 8 and 9 it is prayed that a writ of certiorari be issued for quashing of the orders of cancellation of their candidature by asking the respondent authorities to bring the impugned orders on record.
The petitioners claim to have appeared in the recruitment process conducted for the post of Constable G.D. in Assam Rifles, C.R.P.F., I.T.B.P., S.S.B. in the year 2012 pursuant to an advertisement. The selection was made through the Staff Selection Commission.
The petitioners submit that they had appeared in the examination at the designated examination centres and also qualified the physical test. During the process of document verification, they were asked to fill up a specimen sheet for writing a paragraph; putting their signatures and thumb impression as also to affix their photographs. The said requirement was insisted by the respondent in order to verify the identity of the candidates. It is contended in the writ petition that the petitioners appeared in the Office of Staff Selection Commission in the process of verification by filling up the specimen sheet.
The record shows that show cause notices dated 25.8.2014 were issued to the petitioner nos. 1,2, 4, 5, 6, 8 & 9. The show cause notices with respect to petitioner no. 7 Nikhil Kumar Das and petitioner no.3 Surendra Ram have not been brought on record.
A perusal of the said show cause notices, shows that the petitioners were asked to appear in the office of the Staff Selection Commission to explain the discrepancies found in the verification process i.e. variance in their specimen writing, signature and left thumb impression and photographs with those in the OMR sheet and the application forms filled by them.
It is not explained in the writ petition as to what replies have been given by the petitioners and whether they appeared in the office of the respondent authorities submit explanation to the said show cause notice. None of the petitioners brought replies filed by them on record of the present writ petition nor any material filled by them to controvert the allegations of impersonation has been filed.
The averments in paragraph '17' of the writ petition are too vague to ascertain that the petitioners have given any categorical reply or explanation. It further appears from the record that vide order dated 13.10.2014, the candidature of the petitioners for the examination in question have been cancelled.
A perusal of the order passed in respect of petitioner no.4 Saurav Kumar (page '30' of the paper book) indicates that he was given personal appearing where he denied having used any unfair means for undertaking the examination. After consideration of the materials submitted by the said petitioner his candidature was cancelled. Similarly orders were passed with respect to the petitioner no.7 Nikhil Kumar Das; petitioner no.1 Abhishek Bharti.
For the rest of the petitioners, the impugned orders have not been brought on record. It has not been stated that the copies of the orders cancelling their candidature have never been served upon them nor any explanation has been given as to what efforts have been made by the said petitioners for a period of four years to get the copies of the orders cancelling their candidature. In any case, the candidature of the petitioners in the examinations conducted by the Staff Selection Commission, were cancelled as early as in the month of October, 2014. No explanation whatsoever has been offered by the petitioners as to why they did not approach this Court at the relevant point of time. After a period of four years, it is not open for the Court to re-investigate or re-open the dead issue.
The writ petition is, accordingly, dismissed. Order Date :- 30.5.2018 AK Pandey