Court No. - 36
Case :- WRIT - A No. - 10454 of 2018 Petitioner :- Sanjay Kumar Respondent :- State Of U.P. And Another Counsel for Petitioner :- Rashtrapati Khare Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sunita Agarwal,J.
Heard Ms. Neelu Srivastava holding brief of Sri Rashtrapati Khare learned counsel for the petitioner and learned Standing Counsel for the respondent.
The prayer in the present petition is to issue a writ of mandamus commanding the respondent to permit the petitioner for Physical Test (run) pursuant to a recruitment held in the year 2015 for the post of Sub Inspector in P.A.C.
It is admitted to the petitioner that having qualified the written test, the petitioner had appeared in the physical test (run) on 15.02.2015 which was organized in 35th Battalion, P.A.C. Lucknow but he did not qualify. The prayer in the present petition is on the ground that the stop watch which was being used by the monitors to check the time for run of the candidates was not working properly. Thus, the petitioner though had completed his requisite number of rounds within prescribed time period, but he has wrongly been disqualified. In the similar facts one writ petition No.17372 of 2016 (Farooq Husain Vs. State of U.P. & another) filed before this Court is pending consideration.
To deal with this submission of the petitioner and the fact reflected from the record, it is more than apparent that the petitioner is a candidate who had been declared disqualified three years back in the physical test and this fact was well within his knowledge. He was not vigilant about his right and was watching the proceeding sitting on the fence. The Apex Court in the case of U.P. Jal Nigam & another Vs. Jaswant Singh & another reported in (2006) 11 S.C.C. 464 has held that the person sitting on fence and watching the proceeding cannot claim any leniency in his favour.
In the instant case, for the period of three years, the petitioner remained silent and woke up only in the month of March 2018 when he approached this Court by means of the present petition on the ground that similar writ petition is pending consideration.
For the above noted facts, this Court does not find any merit in the writ petition, no mandamus can be issued.
The writ petition is dismissed as such.
Order Date :- 30.4.2018/Himanshu