Mr. B.C. Bhatt v. Union of India and Anr.

1. The present petitions have been filed by the petitioners praying inter alia that the respondent No.l-Assam Rifles, East Khast Hills, W.P.(C)1768/2016 p t W.P.(C)1825/2016 ^ 2016:DHC:9206-DB Shilong, Mehgalaya and the respondent No.2- Staff Selection Commission,be directed to producetherelevantrecordspertainingto the written, oral, physical and medical tests ofall the candidates who have participated in the selection process for the post of Constable(GD)in CAPFS and Rifleman (GD) in Assam Rifles, 2012 and further for direction to the respondent No.2 to issue a letter of selection in their favour.

2. Sincethereliefclaimed bythepetitionersinthe captioned petitions is similar,therefore, with the consent oflearned counsel for the parties, thesepetitionshave been heardtogetherand are being disposed ofbythis common order.

3. Counsel for the petitioners submits that the petitioners had qualified the written, oral, physical and medical tests and despite the same,their names do notfigurein the list ofselected candidates.

4. As per the records,the Review Medical Board in respect ofboth thepetitioners wasconducted in May,2013,whereasthese petitions were filed in December,2015,and had remained under objections till March, 2016.There is no explanation worth the name offered by the petitioners to explain the delay of almost 254 years in approaching the Court for reliefinrespectofthe selection processthathad been initiated in the year 201f.

5. Counsel for the respondents states on instructions that contraiy to the averments made in the petitions that the petitioners had cleared the Review Medical Board, neither of them had cleared the medical test which would be apparent from a perusal of the computed list of W.P.(C)1768/2016. pa„e2of^ W.P.(C)1825/2016 Page2of[3]

V. candidates, who were found fit in the Review Medical Board Examination.A copy ofthe computed listreceived bythe counselforthe respondents from the Commandant(Recruitment),Border Security Force and addressed to the respondentNo.2is handed over and a copy thereof, has beenfurnished to thecounselforthepetitioner.

6. On a perusal of the said document and the computed list of candidates who were found fit in the Review Medical Board conducted bytherespondents,ittranspiresthatthename ofneitherofthe petitioners features in the said list. The petitioners having failed to clearthe Review Medical Board, they are not entitled for being selected to the post of Constable(GD).

7. In view ofthe aforesaid position, both the petitions are dismissed as being devoid ofmerits.

MARCH 23,2016 r HIMA KOHLI,J SUNIL GAUR,J W,P.(C)1768/2016 W.P.(C)1825/2016 Page3of[3]