Court No. - 36
Case :- WRIT - A No. - 9587 of 2020 Petitioner :- Reena And 4 Others Respondent :- Union Of India And 4 Others Counsel for Petitioner :- Kranti Kiran Pandey Counsel for Respondent :- A.S.G.I.,Ashish Kumar
Hon'ble Mrs. Sunita Agarwal,J.
Heard learned counsel for the petitioners.
The prayer in the writ petition is to issue a direction to the respondent authority to allow the petitioners to appear in the Review Medical Examination for the post of Constable (GD) in CAPF, NIA, SSF and Rifleman (GD) in Assam Rifles Examination-2018.
The submission is that the petitioners herein (five in number) having qualified in the written examination had been allowed to appear in the medical examination conducted on 10.01.2020, 14.01.2020, 27.01.2020, 11.01.2020 and 14.1.2020 for each petitioners herein; respectively. They were disqualified for certain reasons stated by the medical Board. The petitioners had applied for review of medical examination under the rules/instructions of the respondent and submitted applications alongwith the demand draft. The application moved by the petitioner for review medical examination has been rejected on the ground that the demand draft of Rs. 25/- was not drawn at S.B.I. branch. The requirements of the check list in regard to the demand draft are as follows:-
"(ii) Demand Draft of Rs. 25/- in favour of DIG SHQ SSB GORKAHPUR.
(iii) Payable at SBI FERTILIZER TOWNSHIP BRANCH CODE-01873. Drafts payable at the place other than as mentioned in above will be rejected."
In the supplementary affidavit filed on 14.12.2020, it is stated that each of five petitioners herein had submitted a demand draft of Rs. 25/- from different bank and the said demand drafts have already been encashed by the respondent.
The copy of the supplementary affidavit has been served upon the counsel for the respondents. No one has appeared on behalf of the respondents.
Considering the averments made in the supplementary affidavit as also the averments in the writ petition, the appeal/application moved by the petitioners for conducting review medical examination is found entertainable. The matter is remitted to the competent authority to process the appeal/application on its merit and conduct the review medical examination of the petitioners as per the provisions within a period of one month from the date of production of a copy of this order, downloaded from the official website of the High Court, Allahabad. The Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
The candidature of the petitioners shall, thereafter, be processed in accordance with law.
The writ petition is allowed to the extent indicated above.
Order Date :- 13.1.2021 Brijesh