Court No. - 32
Case :- SPECIAL APPEAL DEFECTIVE No. - 864 of 2019 Appellant :- Jitendra Kumar Gond Respondent :- Union Of India And 2 Others Counsel for Appellant :- Arvind Prabodh Dubey,Naushad Alam Counsel for Respondent :- A.S.G.I.,Rajesh Kumar Vidyarthi
Hon'ble Shashi Kant Gupta,J. Hon'ble Saurabh Shyam Shamshery,J.
Re: Civil Misc.Delay Condonation Application
This is an application supported by an affidavit seeking condonation of delay of 258 days in filing the present special appeal.
Learned Standing counsel appearing on behalf of the respondents states that he does not propose to file any counter affidavit/objection to the affidavit filed in support of the delay condonation application.
Cause shown is sufficient. The delay in filing the Special appeal is condoned. Delay condonation application is allowed.
Order Date :- 26.9.2019/MLK
Court No. - 32
Case :- SPECIAL APPEAL DEFECTIVE No. - 864 of 2019 Appellant :- Jitendra Kumar Gond Respondent :- Union Of India And 2 Others Counsel for Appellant :- Arvind Prabodh Dubey,Naushad Alam Counsel for Respondent :- A.S.G.I.,Rajesh Kumar Vidyarthi
Hon'ble Shashi Kant Gupta,J. Hon'ble Saurabh Shyam Shamshery,J.
The present Special Appeal has been filed challenging the order dated 3.12.2018, whereby the writ petition No. 25363 of 2018 filed by the appellant, inter alia, seeking a direction to the respondent no.3 to issue appointment letter to the petitioner on the post of constable (G.D.) S.S.B., has been dismissed.
Heard the learned counsel for the petitioner and learned Standing Counsel for the respondents and perused the record.
From perusal of the record,it transpires that the petitioner had earlier filed a writ petition challenging the order dated 24.9.2018 whereby the claim of the appellant was rejected by the respondent authority stating therein that appellant belongs to general area of U.P.. It was communicated to the petitioner that he has not been selected on the post of Constable since he obtained marks lesser than the cut off prescribed for his respective category. The petitioner was categorized as a candidate falling under the scheduled caste category of general area of U.P. According to the learned counsel for the appellant, since the appellant is a resident of District Mahrajganj, he is entitled to be granted benefit of being a resident of a border area.
Learned Standing Counsel appearing on behalf of the Union of India has drawn the attention of the court to the admitted fact that the appellant never exercised the choice of being a resident of a border area and in column no. 17 of his application form, he has not indicated his preference and has left the said column blank.
The controversy involved in the present case is squarely covered by a decision rendered by a Division Bench of this court in Special Appeal Defective No. 577 of 2015, Anil Kumar Yadav Vs. Union of India and others wherein also the appellant had sought the benefit of being domiciled in a border area but had admitted that the border district code had not been duly filled up by him. The court while dismissing the said special appeal had made an observation that once the specific instruction was given to the candidates for correcting the application form, it was obligatory upon them to duly comply with the instructions but the appellant did not do so.
In the present case also, admittedly the petitioner has not exercised the choice of being a resident of a border area because in column no. 17 of his application form, he has not indicated his preference and has left the said column blank. The appointing authorities can not be held responsible for the mistake committed by the candidate himself. Petitioner is himself to blame if he did not fill up the column,leaving it blank.
Considering the facts and circumstances of the case, we do not see any justification to interfere in the matter. The impugned order passed by the learned Single Judge does not suffer from any legal infirmity or perversity and the same is hereby confirmed.
The special appeal is, accordingly dismissed.
There shall be no order as to costs.
Order Date :- 26.9.2019 MLK