LPA 24-08 27-3-2008: Present: Shri Keshav Singh Thakur, Advocate, for the appellant. Shri Sandeep Sharma, Assistant Solicitor General of India, for the respondents. This Letters Patent Appeal arises out of the judgment of learned Single Judge dated 20-12-2007 whereby the appellant’s writ petition with regard to his transfer and promotion was dismissed. Learned counsel for the appellant Shri Thakur submits that since now the appellant is posted in Uttrakhand and, therefore, he is not pressing his matter of transfer. However, he is assailing the judgment of learned Single Judge as far as his promotion is concerned. Learned counsel for the appellant submits that the appellant had right to be considered for promotion way back in the year 1999 and he was accordingly sent for 47th P.C. Course, which is a condition precedent to be eligible for promotion. However, the appellant could not complete the afore-said Course as he was ousted at the fag end of it because of his unfitness on medical ground. Learned counsel submits that the appellant was declared unfit by the Medical Officer and not by the Medical Board. Learned counsel for the appellant’s further submits that the learned Single Judge has erred in fact and law and has failed to appreciate that the appellant should have been allowed to complete his 47th P.C. Course being eligible and then promoted to the post of Sub Inspector. However, learned counsel for the appellant failed to substantiate the same. Further also, he could not substantiate why he had not -2- approached this Court way back in the year 1999. There is nothing on the record to show whether any non-statutory or statutory appeal was filed and why after waiting for considerable time, the writ petition was filed in the year 2004 it too without availing the alternative remedy or explaining the latches. Now the appellant admits that he is not medically fit. Therefore even if any direction is issued for sending the appellant for training, the same cannot be carried out because of the appellant’s own admission about his unfitness on medical grounds. We have perused the judgment passed by the learned Single Judge which has considered the arguments referred herein above of the petitioner. We find that the judgment of learned Single Judge is reasoned and speaking and we are in agreement with the same. In the light of the above, no interference is warranted. The appeal is dismissed. (Jagdish Bhalla) Chief Justice. (Surinder Singh) Judge. March 27, 2008. (bm)