Patna High Court dismissed the present writ petition on the ground that the petitioners were not found fit in medical and physical test
TITLE: Gunjan Kumar Singh & Anr. v. The State Of Bihar & Ors.
Decided on: 06-07-2023
CWJC No: 25132/2013
Coram: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
Facts of the case:
The present writ petition has been filed seeking the following reliefs:-
“i). To issue an appropriate writ/order/direction in the nature of mandamus directing the Respondents to appoint the petitioners to the post of Jail Warden as per the advertisement No.01/2013 dated 18.02.2013.
ii). To direct the Respondent no.7 to produce the entire records of the medical examination that was conducted in the Selection Process initiated as per the Advertisement No.1/ 2013.”
The learned counsel for the respondent has submitted by referring to the counter affidavit filed in the present case that the petitioners were not found fit in medical and physical test, as also they had failed in the race because they could not complete 1600 metres race in 6 minutes, hence they have not been declared to be successful, consequently they have not been appointed on the post of Jail Warden. It is further submitted that exemption from physical and medical tests are given only to Ex-Home Guard and Ex-army personnel, however, resolution dated 04.09.2013 of the State Government, on which the petitioners are relying, is not applicable in the case of the petitioners. Lastly, it is submitted that if so advised, the petitioner may apply afresh in pursuance to fresh advertisement, to be issued in future, for the purposes of making appointment on the post of Jail Warden, in case they have the requisite qualifications.
Analysis of the court and decision:
Having regard to the facts and circumstances of the case and for the reasons mentioned hereinabove, more particularly, the fact that the petitioners have failed both in medical as well as physical test, the court does not find any merit in the present writ petition, hence the same stands dismissed.
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Written by- Meghana D