Uttarakhand High Court
Sanjay Singh vs State Of Uttarakhand on 1 October, 2021
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition (S/S) No. 1271 of 2021
Sanjay Singh ....... Petitioner
Vs.
State of Uttarakhand
And Others ......Respondents
Present:
Mr. Vinay Kumar, Advocate for the petitioner.
Mr. P.C. Bisht, Addl. C.S.C. for the State.
JUDGMENT
Ravindra Maithani, J. (Oral)
By means of the instant writ petition, the
following relief are sought;
"(i) Issue a writ, order or direction in the nature of
Mandamus directing the respondents to conduct
the Physical Endurance Test (IT/PT) of the
petitioner in terms of the scheme of the selection
process as provided in the Circular dated 22nd
January 2021 and consequently include the name
of the petitioner in the Final Merit List of the
candidates selected for undergoing training on the
post of Heard Constable (Armed Police).
(ii) Issue any suitable writ, order or direction which
this Hon'ble Court may deem fit and proper in the
circumstances of the case."
(iii) Award the cost of writ petition to the petitioner.
2. Heard learned counsel for the parties and
perused the record.
3. It is the case of the petitioner that he is
Constable Armed Police in Utttarakhand Police. He was
sent on deputation in the Ministry of External Affairs,
New Delhi and he was posted as Security Assistant at
Embassy of India, in Abu Dhabi. The department issued
notification for appointment to the post of Head
Constables, Armed Police. Petitioner appeared in the
written examination for which he was granted leave and
he scored 198.50 marks. The next step was IT/PT test. It
was scheduled on 18.04.32021. Petitioner sought leave,
but, it was denied to him. In the meanwhile, the
department, having considered the difficulty faced by
many candidates due to covid-19 pandemic or other
reasons, constituted a committee to consider request of
such candidates and fix another date for IT/PT test.
Another date was fixed for 02.05.2021, but, again the
petitioner was not permitted to leave Abu Dhabi. Now,
petitioner has been repatriated to his parent department
and thereafter, he submitted a representation. The last
was dated 01.09.2021, which is annexure-10 to the writ
petition, but, no action has been taken on it.
4. Learned counsel for the petitioner would
submit that for no fault of the petitioner, he has been
denied to appear in the IT/PT test for his promotion to the
Head Constable, Armed Police, Uttarakhand. He scored
198.50 marks in written examination as per service
record, he could get 34 marks and he has much bright
chances to get selected for the post of Head Constable,
Armed Police. It is also submitted that, in fact, on
17.04.2021, department has considered the exigency of
services like election duty, covid-19, etc. due to which,
candidates could not appear for IT/PT test. Petitioner
seeks similar treatment that his matter should also be
considered in view of the communication dated
17.04.2021 issued from Police head quarter, Dehradun,
which is annexure-6 to the writ petition and his
representation be placed before the selection committee.
5. Learned counsel for the State would submit
that the representation of the petitioner will be decided
within a period of ten days.
6. The Court takes on record the statement
given by learned State Counsel.
7. In fact, annexure-6 is the communication
dated 17.04.2021 by which an option was given to such
candidates who could not appear for physical fitness test
due to election duty, covid-19, etc and representation of
such candidates was to be placed before the Selection
Committee. It is the case of the petitioner that, in fact, he
was on deputation at Abu Dhabi under the Ministry of
External Affairs and he was not permitted to leave Abu
Dhabi to appear for the physical fitness test. These
circumstances may definitely be considered by the
Selection Committee and thereafter they may take a
decision on it. Accordingly, the writ petition may be
disposed of.
8. The writ petition is disposed of with a
direction to the respondent no. 3 to place the
representation dated 01.09.2021 (annexure-10 to the writ
petition) before the selection committee constituted on
17.04.2021 by the department.
(Ravindra Maithani, J.)
01.10.2021
Ujjwal
