Court No. - 29
Case :- SPECIAL APPEAL DEFECTIVE No. - 48 of 2019 Appellant :- Santosh Kumar Respondent :- State Of U.P. And 5 Others Counsel for Appellant :- Siddharth Khare,Ashok Khare,Senior Advocate Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Mithal,J. Hon'ble Rohit Ranjan Agarwal,J.
The delay of 40 days in filing the appeal is adequately explained and is, accordingly, condoned.
Civil Misc. Delay Condonation Application No. 1 of 2019 is allowed.
Heard Sri Ashok Khare, Senior Counsel assisted by Sri Siddharth Khare for the appellant and learned Standing Counsel for the respondents.
This appeal under Chapter VIII Rule 5 of the High Court Rules has been preferred against the order dated 26.10.2018 by which the writ petition of the petitioner-appellant has been dismissed.
The petitioner-appellant was a candidate for the post of Constable in U.P. Police. His candidature has been rejected on the ground that the District Magistrate has not found him suitable vide his order dated 10.07.2018 as a criminal case is said to be pending against him.
In the writ petition, the petitioner-appellant has only asked for granting in appointment on the post of the Constable with all consequential relief without challenging the order of the District Magistrate dated 10.07.2018.
In view of the fact that the order of the District Magistrate was not challenged, we are of the view that the learned Single Judge has not erred in dismissing the writ petition holding that there is no good ground to interfere in the matter.
In view of the aforesaid facts and circumstances of the case, we are also of the opinion that it was not a case for exercise of extraordinary jurisdiction and the dismissal of writ petition is justified.
Accordingly, the appeal lacks merits and is dismissed.
The petitioner-appellant may, however, challenge the order of the District Magistrate dated 10.07.2018 before the appropriate forum, if so advised, which may be considered on its own merits.
Order Date :- 21.1.2019 Nirmal