Court No. - 34
Case :- WRIT - A No. - 10061 of 2021 Petitioner :- Mukesh Das And 2 Others Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Kranti Kiran Pandey,Prateek Kumar Counsel for Respondent :- A.S.G.I.,Surendra Nath Chauhan
Hon'ble Yashwant Varma,J.
Heard Sri Prateek Kumar, learned counsel for the petitioners and Sri Surendra Nath Chauhan, learned counsel appearing for the Union respondent.
The prayer made in this petition is for the respondents being commanded to conduct a review medical examination of the petitioners. Undisputedly the petitioners had participated in a recruitment exercise initiated by the respondents for appointment of Constables in the Central Armed Forces. The recruitment exercise commenced in 2018. The petitioners were declared medically unfit by the Board which had been constituted. Aggrieved by that decision, the petitioners preferred an appeal before the Review Medical Board. The Review Medical Board has rejected that appeal on the ground that the certificate of the concerned Orthopaedic expert had not been attached. That decision was taken on 29 July 2020. The petitioners have preferred this petition in July 2021. It is in the aforesaid backdrop that the Court would have to evaluate whether the writs as prayed for are liable to be granted.
The Court notes that similar challenges raised by candidates, have come to be dismissed by learned Judges in Writ A Nos.5059 of 2021, 5524 of 2021, 2937 of 2021, 14172 of 2020 and 9835 of 2021. In all those petitions, the learned Judges of the Court have taken into consideration the issue of laches and the inordinate delay in initiation of the challenge. The Court has also taken into account the fact that the selection process has already come to an end and appointments have also been made. Following the aforesaid views taken consistently by the Court, no cause arises for issuance of the directions as prayed for.
Accordingly, the writ petition shall stand dismissed.
Order Date :- 21.9.2021 Vivek Kr.