Rahul Kumar v. Central Reserve Police Force

Delhi High Court · 13 Jan 2025 · 2025:DHC:143-DB

Navin Chawla; Shalinder Kaur

W.P.(C) 328/2025

2025:DHC:143-DB

administrative petition_dismissed Significant

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The Delhi High Court dismissed the writ petition challenging medical disqualification in CAPF recruitment for lack of territorial jurisdiction as per the recruitment advertisement's jurisdiction clause.

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W.P.(C) 328/2025
HIGH COURT OF DELHI
Date of Decision: 13.01.2025

W.P.(C) 328/2025, CM APPL. 1550/2025
RAHUL KUMAR .....Petitioner
Through: Mr. Amit Kaushik and Mr. Himanshu Sharma, Advs.

VERSUS

CENTRAL RESERVE POLICE FORCE & ORS. .....Respondents
Through: Mr. Shekhar Kumar, Mr. Anubhav Tyagi and Mr. Chetan, Advs.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA
HON'BLE MS. JUSTICE SHALINDER KAUR NAVIN CHAWLA, J. (Oral)

JUDGMENT

1. This petition has been filed by the petitioner, challenging the Review Medical Examination Report dated 11.11.2024, declaring the petitioner unfit for appointment in the Physical Standard Test (in short, ‘PST’) due to Bifid Uvula (Congenital Abnormality) in the selection process for the post of Constable (GD) in the Central Armed Police Forces (CAPFs), Secretariat Security Force (SSF), and Rifleman (GD) in Assam Rifles Examination- 2024.

2. The petitioner has applied for the said post pursuant to the Notice dated 24.11.2023, issued by the respondents. Clause 18 of the said advertisement reads as under:

“18 Court’s Jurisdiction: Any dispute in regard to this recruitment will be subject to courts having jurisdiction over the place of Regional Office concerned of the Commission where the candidate has appeared for the

W.P.(C) 328/2025 Computer Based Examination.”

3. Admittedly, the petitioner has not appeared for the Computer Based Examination in Delhi. His PST was also not conducted in Delhi.

4. This Court, on an objection of the respondents for lack of territorial jurisdiction for adjudicating a petition raising a similar issue, in its Order dated 25.07.2024, passed in W.P.(C) 8480/2024, titled Uttam Kumar v. Union of India Through Its Secretary and Others, has held as under:-

“8. Having considered the submissions of learned counsel for the parties and perused the record, we are of the considered view that once the advertisement pursuant to which the petitioner had applied contained a specific clause providing for territorial jurisdiction of the Court/Tribunal situated in the area where the test was held. 9. The petitioner cannot now be permitted to argue that the clauses mentioned in the advertisement are not binding on him. We are, therefore, of the opinion that this Court does not have territorial jurisdiction to entertain the present writ petition. The writ petition is, accordingly, disposed of, by granting liberty to the petitioner to approach the Court having territorial jurisdiction.”

5. Being bound by the above Judgment, we dispose of the present petition, reserving the liberty of the petitioner to approach the Court of competent jurisdiction. Pending application also stands disposed of.

NAVIN CHAWLA, J SHALINDER KAUR, J JANUARY 13, 2025/SU/SK/IK Click here to check corrigendum, if any

Rahul Kumar v. Central Reserve Police Force

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