Patna High Court
Amit KumarversusThe Union Of India and Ors
- Decided
- Disposal
- DISMISS FOR NON-PROSECUTION
- Bench
- PARTHA SARTHY
Holding
The petition is dismissed for non‑prosecution due to the petitioner’s failure to appear.
Summary
The petitioner, Amit Kumar, filed a writ petition seeking an order directing the Regional Director of the Staff Selection Commission to issue him an appointment letter as Constable G.D. after being selected with 63 marks, despite a medical report deeming him unfit. He relied on a medical report dated 24-07-2012 and argued that the authority's later communication of unfitness on 29-11-2016 should be ignored. No counsel appeared on behalf of the petitioner on the hearing dates, including 22-01-2026. The court noted the absence of representation and, consequently, dismissed the petition for non‑prosecution. No substantive merits of the fitness issue were examined.
Issues considered
- What relief, if any, is the petitioner entitled to regarding the issuance of an appointment letter despite a medical fitness objection?
Subjects
- appointment
- writ petition
- non‑prosecution
- staff selection commission
- medical fitness
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2318 of 2017
======================================================
Amit Kumar Son of Nawlesh Ray, resident of village - Gurmiya, P.O.
Gurmiya, P.S. Kartahan, District – Vaishali, Bihar.
... ... Petitioner/s
Versus
1. The Union of India through the Defence Secretary, Government of India,
New Delhi.
2. The Secretary, Department of Home, Government of India, New Delhi.
3. The Director General, Asam Rifle, Silong.
4. The Regional Director, Staff Selection Commission, Central Range,
Allahaabad, Uttar Pradesh.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : None
For the Respondent/s : Mr. Awadhesh Kumar Pandey, Sr. CGC
Mr. R.K.Sharma, CGC
Mr. Avinash Kumar, Advocate
Mr. Lokesh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
5 22-01-2026 No one appears on behalf of the petitioner. Learned
counsel for the Union of India is present.
2. The petitioner has filed the instant application for
the following relief(s):
“That the present writ petition has been
preferred for issuance of writ, writs, order, orders,
direction, directions specifically to the Regional
Director, Staff Selection Commission, Central Range,
Allahabad, Uttar Pradesh to issue appointment letter
in favour of the petitioner, who has been found fit and
selected for the post of Constable G.D. (Para Military)
from amongst the O.B.C. candidates securing 63
marks, bearing Roll No. 3205507966.
Patna High Court CWJC No.2318 of 2017(5) dt.22-01-2026
2/2
Further be pleased to direct the respondent
authorities to appoint the petitioner forthwith
considering the medical report issued by the Civil
Assistant Surgeon, Government Sadar Hospital,
Hajipur, Vaishali on 24.07.2012, ignoring the same,
the authority communicated on 29.11.2016 as
medically unfit for the post of Constable by the
Regional Director-cum-V.C., S.C.C.(Central Rage),
Allahabad.
And pass such other order, orders as your
Lordship may deem fit and proper in the facts and
circumstances of the case.”
3. No one appeared on behalf of the petitioner on
19.1.2026 also.
4. As no one appears on behalf of the petitioner today,
the case is dismissed for non-prosecution.
(Partha Sarthy, J)
Saurabh/-
U
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