Court No. - 42
Case :- WRIT - A No. - 9272 of 2019 Petitioner :- Prince Rai Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kailash Singh Kushwaha Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
Learned counsel for the petitioner is permitted to correct the array of the parties to the writ petition during the course of the day.
Heard Sri Mohd. Ali Ausaf, learned counsel holding brief of Sri Kailash Singh Kushwaha, learned counsel for the petitioner and learned Standing Counsel for the respondent-State.
Sri Mohd. Ali Ausaf, learned counsel holding brief of Sri Kailash Singh Kushwaha, learned counsel for the petitioner contends that the petitioner was selected for the appointment as a Constable in the U.P. Police under the quota of dependents of freedom fighters. The petitioner underwent various tests including physical test as well as medical examination. The name of the petitioner also finds mention in the final select list. However, the petitioner was not sent for training along with the rest of his batchmates. No information has been given to him as to why he has been excluded from the training programme. The petitioner has made a representation in this regard. The representation has not been decided till date. The training of the batchmates of the petitioner is about to commence. The submission of the learned counsel for the petitioner is that the petitioner shall stand to lose out on seniority in case he is not permitted to join along with the rest of his batchmates.
Per contra, learned Standing Counsel for the respondent-State submits that the denial of the appointment to the petitioner is a matter of fact which needs to be verified by the authorities.
No useful purpose will be served by keeping the petition pending. With consent of parties, the writ petition is being finally disposed off.
The matter is remitted back to the respondent No.3-U.P. Police Recruitment and Promotion Board, Lucknow.
A writ of mandamus is issued commanding the respondent No.3-U.P. Police Recruitment and Promotion Board, Lucknow to decide the representation of the petitioner regarding denial of appointment within a period of two months from the date of receipt of a certified copy of this order along with a fresh copy of the representation.
The petitioner shall also submit all relevant documents or testimonials in support of his candidature along with his representation. The representation shall be decided by a reasoned and speaking order in accordance with law. In case the petitioner is found to be eligible for training, the respondent authorities shall take appropriate measures in law to ensure that he does not suffer any loss of seniority.
It is clarified that this Court has not gone into the veracity of the assertions of the writ petition nor has judged the claim of the petitioner on merits. It is for the competent authority to do so with an independent application of mind.
With the aforesaid direction the writ petition is finally disposed off.
Order Date :- 30.5.2019 Ashish Tripathi