Heard Mr. S. P. Singh, learned Counsel for the petitioner and Mr. Amar Saran, learned Standing Counsel.
With the consent of learned Counsel for the parties, the writ petition is being disposed of at the admission stage itself.
In nutshell, the case of the petitioner is that an advertisement was published for the post of Constables in the Police Department. In pursuance of the advertisement, the petitioner applied for the aforesaid post. The petitioner has also been issued admit card. As she was unwell at the time of physical test and was suffering from Pyrexes Viral Fever, she was declared unsuccessful, though she conveyed her illness to the authority concerned at the appropriate time. On 3.1.2010, the petitioner personally approached the opposite party No.2, requesting him to give an opportunity to participate in the ensuing physical test. She moved a representation before the opposite party No.2 on 20.1.2010, but till date, no decision has been taken on her representation.
Learned Standing Counsel submits that in view of the Circular dated 17.11.2009, an appeal may be preferred before the Divisional Medical Appellate Board.
At this stage, learned Counsel for the petitioner submits that the representation preferred by the petitioner may be treated as an an appeal and the same may be directed to be decided by the Board at the earliest, to which learned Standing Counsel has no 2 objection.
Accordingly, treating the representation preferred by the petitioner as an appeal, the Board is directed to consider and decide the appeal within 15 days from today, after affording opportunity of hearing to the petitioner. In case the Board is of the opinion in allowing the appeal/representation, requisite medical examination shall be conducted by the competent persons.
The writ petition stands disposed of in above terms.
Dt. 28.1.2010 Lakshman/