Ravi Kumar vs State Of U.P. And 3 Others
2023 Latest Caselaw 2164 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 29
 

 
Case :- SPECIAL APPEAL No. - 416 of 2022
 

 
Appellant :- Ravi Kumar
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Appellant :- Javed Husain Khan,Gulrez Khan,Sr. Advocate
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Manoj Misra,J.

Hon'ble Vikas Budhwar,J.

Heard learned counsel for the appellant and the learned Standing Counsel for the respondents and have perused the record.

This intra court appeal is against the judgment and order of the learned Single Judge dated 25.04.2022 in Writ A No. 19030 of 2021 whereby the writ petition of the appellant was dismissed with liberty to the appellant to challenge the order cancelling his candidature for the post of Constable (Civil Police/PAC).

Facts, in brief, are that the appellant participated in a recruitment exercise. He was found medically unfit due to knock knee. A re-medical examination was held. Again the petitioner was found unfit for the same reason. Thereafter, the petitioner filed Writ A No. 6402 of 2021. The same was disposed off by order dated 30.06.2021 giving liberty to the petitioner to make a representation which was to be decided in accordance with law within a specified period.

Thereafter, according to the petitioner, he got a re-medical examination done, which declared him fit yet, the petitioner was not issued a joining letter. Consequently, he filed Writ A No. 19030 of 2021. In this writ petition, when the Court discovered that the candidature of the writ petitioner was cancelled by order dated September 27, 2021, the petition was dismissed by the judgment and order impugned.

In the order dated 25.04.2022, the Writ Court noticed the submissions of the State Counsel, made on instructions, that a re-medical examination was carried out on some misconception about the order dated 30.06.2021 on account of collusion of the Clerk posted in the office of the Senior Superintendent of Police. Whereafter, when the correct facts came to the notice of the authority concerned, the candidature was cancelled vide order dated 27th September, 2021.

Learned counsel for the appellant submits that the aforesaid observations made in the order dated 25.04.2022 would seriously prejudice appellant's case and no useful purpose would be served even if the petitioner files a writ petition for quashing the order dated 27th September, 2021 therefore, the order dated 25.04.2022 be set aside.

Be that as it may, any observation made in an order can always be explained while filing the subsequent petition and if those observations come in the way of the writ petitioner, he can always take recourse to appropriate legal remedy at the appropriate stage. However, since the writ petition out of which the present appeal arises was only with a prayer to command the respondents 3 and 4 to take final decision on the application of the petitioner, which decision has been taken now, there being no amendment in the writ petition to question the same, the petition was rendered infructuous. We, therefore, do not find any merit in this appeal.

The appeal is dismissed.

Order Date :- 20.1.2023

Sunil Kr Tiwari