Subhash Patel and Another v. Union of India Thru. Secy. Ministry of Home Affairs and Another

Court No. - 8 Case :- WRIT - A No. - 4812 of 2023 Petitioner :- Subhash Patel And Another Respondent :- Union Of India Thru. Secy. Ministry Of Home Affairs And Another Counsel for Petitioner :- Rahul Mishra Counsel for Respondent :- A.S.G.I. Hon'ble Dinesh Kumar Singh,J.

¶1Heard Shri Rahul Mishra, learned counsel for the petitioners and Shri S.B. Pandey, learned Senior Advocate (Deputy Solicitor General of India) assisted by Shri Ambrish Rai, learned Counsel appearing for the Union of India.

¶2The present petition under Article 226 of the Constitution of India has been filed seeking following reliefs from this Court:- "a. Issue a writ, order or direction in the nature of Mandamus commanding the respondents to publish a fresh list of selected and appointed candidates including the present petitioners as the petitioners had been finally selected. b. Issue a writ, order or direction in the nature of Mandamus commanding the respondents to let the petitioners join on the post of Constable (G.D.) in any unit i.e. B.S.F., I.T.B.P., Assam Rifles, S.S.B., C.I.S.F., C.R.P.F. under Central Police Organization examination-2011 and to send the petitioners on training. c. Issue a writ, order or direction in the nature of Mandamus commanding the opposite parties to decide the representation of the petitioners in accordance with law. d... e..."

¶3The petitioners were applicant for Constable (General Duty) in respect of the recruitment claiming reservation under Other Backward Classes category in Union Police Organization such as Central Industrial Security Force (C.I.S.F.), Border Security Force (B.S.F.), Central Reserve Police Force (C.R.P.F.), Sashastra Seema Bal (S.S.B.), Indo-Tibetan Border Police (I.T.B.P.) and Assam Rifles for which the written examination was held on 05.06.2011.

¶4The petitioners claim that they were successful and their names appeared in the select list. The examination process got completed in the year 2011. The petitioners has approached this Court after twelve long years seeking appointment in pursuance to the selection which was held in the year 2011.

¶5At this belated stage, this Court cannot entertain this writ petition for issuing writ of mandamus to the respondents to employ the petitioners and send them on training when they have attained the age of 35 years and the selection process got concluded in the year 2011.

¶6The present petition suffers from gross delay and latches and the same is dismissed on this ground on alone. (Dinesh Kumar Singh, J.) Order Date :- 10.7.2023 Piyush/- High Court of Judicature at Allahabad, Lucknow Bench