Court No. - 38
Case :- WRIT - A No. - 13966 of 2019 Petitioner :- Sauraj Singh Respondent :- State Of U.P. And Another Counsel for Petitioner :- Prabhakar Tripathi Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
This petition has been filed for a direction upon respondents to intimate a fresh date for petitioner's appearance in physical standard test for appointment to the post of Sub Inspector in Civil Police (Male) Direct Recruitment, 2016.
Learned counsel for the petitioner states that petitioner was called for physical standard test but as he was indisposed he made a request for any further date to be fixed for the purpose. But no such date has been fixed or intimated to the petitioner.
Since the contention raised in that regard was not substantiated, this Court proceeded to pass following order on 16.09.2019:
"Though it is alleged that petitioner had informed the authorities about his sickness but no fresh date has been fixed, but apart from bald allegations in that regard and a letter annexed, there is nothing on record to show that petitioner actually sent any such intimation.
As prayed, put up tomorrow. "
It is admitted to the petitioner that he was called for appearing in the physical standard test. Receiving of such intimation by the petitioner is not in issue. Although it is stated that the petitioner was suffering from Chicken Pox and high fever, but there is nothing on record to show that such fact was intimated to the concerned authority before whom the petitioner had to appear for physical standard test.
Unless the petitioner can demonstrate that he had exercised due diligence and had informed the authorities and that for unavoidable circumstances he was not in a position to take part in physical standard test, it would not be open for the petitioner to raise such a claim much later in point of time. It is otherwise admitted that the entire recruitment exercise has been concluded.
Merely on the basis of certain photographs annexed and the pleadings made in the writ petition, the petitioner can not be permitted to urge that a fresh date be fixed for petitioner's appearance in the physical standard test. The writ petition is, accordingly, dismissed.
Order Date :- 26.9.2019 Abhishek Singh