Court No. - 36
Case :- WRIT - A No. - 10802 of 2018 Petitioner :- Aashish Kumar Maury And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Awadhesh Kumar Malviya,Manoj Kumar Singh Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sunita Agarwal,J.
By means of the present petition, the petitioners who are six in numbers, seek direction in the nature of mandamus commanding the respondent to refer them for Review Medical/Physical Test held pursuant to U.P. Police Department/ Police Constable and Constable P.A.C. (Male) Direct Recruitment 2015. As per averments in paragraph no.5 and 6 of the writ petition, the petitioner had appeared in the physical test held in the month of April, May and August, 2016. The petitioners are raising a dispute in the present petition with regard to the measurement of their height during the course of Medical/Physical Test.
In none of the paragraphs of the writ petition, the petitioners have disclosed as to whether they had raised any objection regarding measurement of their height by the Medical Board which was constituted for the Physical/Measurement. As per the procedure, the candidates who are aggrieved by the finding of the Medical Board in the physical examination are required to submit their objection on the very date of the physical examination and in case of any such objection they can be allowed to appear before the Review Medical Board for Re-Physical/Medical Test.
Division Bench of this Court in the case of State of U.P. & others Vs. Rahul namely Special Appeal Defective No.70 of 2016 vide judgement and order dated 03.02.2016 has held that this Court is not competent to dispute the opinion of the Medical Board on the basis of report of private medical expert submitted by the petitioner. A self contained procedure has been provided to redress the grievances of the candidate who appeared in the examination conducted by the U.P. Police Recruitment and Promotion Board by providing them an opportunity to file an appeal against the findings of the Medical Board and to appear before the Review Medical Board.
Time and again, the Court has emphasized the need to preserve the sanctity of the recruitment process and of the care and circumspection which has to be exercised before the findings of an expert Medical Board constituted by the authorities are interfered with in writ proceedings. Undoubtedly, the powers of the Court under Article 226 of the Constitution are wide enough to issue such a direction in an appropriate case. However, such directions cannot be issued merely on the basis of a request made in that behalf before the Court.
In view of the above discussion, the writ petition is found devoid of merits and is, accordingly, dismissed.
Order Date :- 30.4.2018 Himanshu