Court No. - 6
Case :- WRIT - A No. - 27517 of 2018 Petitioner :- Ajay Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kripa Shanker Singh,Gaurav Singh Counsel for Respondent :- C.S.C.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the petitioner and the learned Standing Counsel.
Undisputely the petitioner was declared medically unfit by both the Medical as well as Review Medical Board. As is evident from the information supplied to the petitioner and forming part of the paperbook at page 51, the opinion of medical unfitness was arrived at after both the Medical as well as Review Medical Boards had administered the two tests.
The sole ground on which the prayer for a re-medical examination is raised is dependent upon a certificate issued by the District Medical Officer. This certificate does not evidence the opinion of fitness having been formed after subjecting the petitioner to the two medical tests which are referred to by the respondents. Even otherwise bearing in mind the principles enunciated in State of U.P. & others Vs. Rahul [2016 (3) ADJ 327], the Court finds no ground to issue the writs as prayed for.
The writ petition is dismissed.
Order Date :- 20.12.2018 LA/-