LPA/571/1998 of YASHBIR SINGH YADAV S/O GAJRAJSINGH YADAV Vs GOVT. OF INDIA on 18 December 1998

1. Whether Reporters of Local Papers may be allowed to see the judgements?

2. To be referred to the Reporter or not?

3. Whether Their Lordships wish to see the fair copy of the judgement?

4. Whether this case involves a substantial question of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder?

5. Whether it is to be circulated to the Civil Judge?

-------------------------------------------------------------- YASHBIR SINGH YADAV S/O GAJRAJSINGH YADAV

Versus

GOVT. OF INDIA

-------------------------------------------------------------- Appearance:

MR RAMNANDAN SINGH for Appellant

MR JAYANT PATEL for Respondents

-------------------------------------------------------------- CORAM : MR.JUSTICE C.K.THAKKER and MR.JUSTICE A.L.DAVE

Date of decision: 18/12/98

ORAL JUDGEMENT

1. Appeal admitted. Mr. Jayant Patel waives service of notice of admission on behalf of the respondents. With the consent of parties, the appeal is taken up today for final hearing.

2. The appellant challenges the order passed in Special Civil Application No.9715 of 1995 on November 12, 1997.

3. The appellant-petitioner was originally recruited in the Border Security Force. But while he was under the training, he could not pass the two examinations which were required to be passed by him and, therefore, he was "weeded out". He, therefore, challenged that decision of the respondent-authorities by the said petition.

4. The learned Single Judge, after considering the rival side contentions, came to a conclusion that the authorities found the petitioner to be not fit and, therefore, as per rules, weeded him out. As such, as there was no malice or defect in the decision and, ultimately, dismissed the petition.

5. We have heard Mr. Singh as well as Mr. Patel. Mr. Singh has drawn our attention to paragraph No.14 of the BSF Training pamphlet which provides that recruits will be relegated to next junior batch on following grounds:- (a) Continuously sick or on leave for more than 15

days.

(b) Failing in Drill, Weapon and PT test in Platoon Commander's test (when he fails in only one subject in platoon commander's test, he should be warned in writing to improve).

(c) Failing in rifle and LMG classification (even after reasonable coaching and fair opportunity to improve the standard.

6. He submitted that this provision was not brought to the notice of the learned Single Judge. Even the petitioner was not aware about the same as it is kept confidential.

7. Mr. Patel has strongly opposed this appeal and he submitted that the petitioner has no right as he is only a trainee recruit and enjoys status only of a probationer.

8. We have considered the copies of the medical papers produced before us. It is also apparent that the authorities concerned have placed reliance on paragraph 15 of the BSF training pamphlet. There is no reference whatsoever to paragraph 14 or following the procedure

9. In view of the above facts and circumstances of the case, without disturbing the judgment of the learned Single Judge, we grant liberty to the appellant to make a representation in this regard and the authorities are directed to consider the case of the appellant in light of provisions of paragraph 14 of the BSF training pamphlet and take an appropriate decision. The authorities concerned will take into consideration the documents that may be produced along with the representation. The authorities concerned will decide the representation of the appellant as early as possible, preferably within a period of three months from the receipt of writ of this order. Direct service permitted.

��[ C.K. THAKKAR, J. ] [ A. L. DAVE, J. ]