Delhi High Court
Parshant vs Union Of India & Ors. on 27 September, 2021
$~S-38
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 10885/2021 & C.M.No.33573/2021
PARSHANT ..... Petitioner
Through Ms.Ria Gandhi, Advocate for Mr.Ajit
Kakkar, Advocate.
versus
UNION OF INDIA & ORS. ..... Respondents
Through Mr. Virender Pratap Singh Charak,
Mr. Shubhra Parashar,
Mr.Pushpender Singh Charak,
Mr.Kapil Gaur, Mr. Vaishnav Kirti
Singh, Mr. Shubham Ahuja,
Mr.Sanjay Singh Chauhan, Mr. Ram
Pal Singh Tomar, Mr. Gyanwardhan
Singh, Mr. Vivek Nagar, Advocates
for UOI.
% Date of Decision: 27th September, 2021
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MR. JUSTICE NAVIN CHAWLA
JUDGMENT
MANMOHAN, J: (Oral)
1. The appeal has been heard by way of video conferencing.
2. Present writ petition has been filed challenging the reply dated
11th June, 2021 issued by the respondents to the petitioner's legal notice,
whereby the petitioner was not considered for the post of Sailor in the Indian
Navy as he did not turn up for the final enrolment medical examination.
Petitioner also seeks direction to the respondents to conduct the final
enrolment medical examination of the petitioner.
Signature Not Verified
Digitally Signed By:JASWANT
Signing Date:29.09.2021
16:33:14
3. Learned counsel for the petitioner states that the petitioner had
successfully cleared the Phase I, Phase II and the medical examination of the
selection procedure for the post of AA SSR. She states that the petitioner
met with an accident which resulted in a fracture due to which the petitioner
was unable to report for his final enrolment medical examination which was
scheduled on 12th February, 2020. She states that the doctor had advised
the petitioner to take complete bed rest and had opined that the petitioner
would be able to walk properly only after three to five months.
4. Learned counsel for the petitioner states that the petitioner sent a
representation to the respondents to postpone the final enrolment medical
examination of the petitioner to any other date in view of the unforeseen
circumstances, however, the same was not considered by the respondents
and they refused to accept any explanation by the petitioner for his non-
attendance. She states that the respondents were unreasonable in not giving
the petitioner a second chance to appear in the final enrolment medical
examination which can easily be conducted at a later date or along with any
other batch.
5. A perusal of the paper book reveals that the petitioner's candidature
has been rejected as the petitioner did not report on the scheduled date and
time for medical examination. Para-4 of the Call-up Letter dated 17th
January, 2020 specifically states that selection will stand cancelled and
candidates will have no claim for enrolment in Indian Navy, in case they fail
to report on the scheduled date and time. Moreover, the initial training of
the successful candidates of AA/SSR-01/2020 batch, for which the
petitioner had applied for, is already over and the said candidates are
undergoing professional training. Consequently, this Court is of the view
Signature Not Verified
Digitally Signed By:JASWANT
Signing Date:29.09.2021
16:33:14
that the decision making process in the present case was fair and reasonable
and the petitioner cannot be given a chance to re-join the batch of AA/SSR-
01/2020 or any other subsequent batch for which a separate and independent
selection process would have to be undergone.
6. Accordingly, the present writ petition along with pending application
is dismissed.
7. The order be uploaded on the website forthwith. Copy of the order be
also forwarded to the learned counsel through e-mail.
MANMOHAN, J
NAVIN CHAWLA, J
SEPTEMBER 27, 2021
KA
Signature Not Verified
Digitally Signed By:JASWANT
Signing Date:29.09.2021
16:33:14
