Full Text
HIGH COURT OF DELHI
Date of Decision: 15.09.2023
CHANDRA SHEKHAR UPADHYAY ..... Petitioner
Through: Mr.Rakesh Kumar Yadav, Adv.
Through: Mr.Harish Vaidyanathan Shankar, CGSC with Mr.Srish Kumar Mishra, Mr.Sagar Mehlawat & Mr.Alexander
Mathai Paikaday, Advs. for UOI.
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
JUDGMENT
1. Present application has been filed on behalf of the CISF-affected party/proposed respondent under Section 5 of the Limitation Act, 1963 r/w Section 151 CPC seeking condonation of delay of 73 days delay in filing the review petition.
2. In view of the reasons stated in the application, the delay of 73 days in filing the present review petition is condoned.
3. Application is disposed of. 11:51 CM APPL.47783/2023 & REVIEW PET. 249/2023
4. CM APPL.47783/2023 has been filed on behalf of the applicant-CISF seeking impleadment in the present writ petition as respondent no.4.
5. By filing aforesaid review petition, respondent-CISF is challenging the judgment dated 02.06.2023 passed by this Court interalia on the ground that without giving an opportunity to the affected party i.e. CISF, direction has been given to adopt the height measurements that was taken at an earlier point of time.
6. Learned counsel appearing on behalf of the applicant-CISF submitted that the relief granted by this Court was actually not sought by the petitioner. It was further submitted that writ petitioner had sought a direction for his re-medical examination and if found fit, to give appointment on the basis of health/medical certificate issued by the government hospital.
7. Notice issued.
8. Mr.Rakesh Kumar Yadav, learned counsel for the non-applicant/writ petitioner accepts notice and submits that the writ petitioner has preferred a contempt petition being [CONT.CAS(C) 1281/2023] which is listed on 19.09.2023.
9. Pertinently, vide impugned judgment dated 02.06.2023, this had directed as under: “.......
5. We have perused annexure P-3, i.e. PST/PET for Constable (GD) in CAPFs for the year 2021 and it is found that the height of petitioner is 170.[2] cms and the eligible height for the said post in CAPFs is 170 cms which establishes that the petitioner is qualified with regard to his height. 11:51
6. Accordingly, respondents are directed to allow the petitioner to join further selection process if he is otherwise eligible.
7. With the aforesaid directions, present petition stands disposed of”
10. Relevantly, the order dated 02.06.2023 was passed in the open court in the presence of learned counsel for the parties keeping in view of the FORMAT FOR PHYSICAL STANDARD TEST (PST) & PHYSICAL EFFICIENCY TEST (PET)
FOR CONSTABLE (GD) IN CAPFs FOR THE YEAR 2021 and according to which the eligible height is 170 cm and height of the petitioner is 170.[2] cm.
11. Since Union of India & Ors. were party in the writ petition being W.P.(C) 8238/2023 and CISF is under the Central Government and also the fact that Staff Selection Commission is the recruiting agency for conducting recruitment for the post in question, therefore, CISF is not the necessary party in the writ petition.
12. The contention of learned counsel for the applicant-CISF that a recruitment process in Armed Forces has certain regulations and standards which cannot be avoided, is not disputed and in this light of the fact that vide order dated 02.06.2023, respondents have been directed to allow the petitioner to join further selection process, if he is otherwise eligible.
13. Finding no merit in the averments made on behalf of CISF, therefore, application for impleadment of CISF as respondent no.4 as well as review petitioner are, accordingly, dismissed.
14. However, at this stage, learned counsel for the applicant/respondents seeks further time and granted two weeks’ time to comply with the order dated 02.06.2023 passed in the writ petition. 11:51
15. Order be given dasti under signatures of Court Master.
(SURESH KUMAR KAIT) JUDGE (NEENA BANSAL KRISHNA)
JUDGE SEPTEMBER 15, 2023 11:51