Court No. - 38
Case :- WRIT - A No. - 11266 of 2019 Petitioner :- Ajay Yadav Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Seemant Singh Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner had applied for appointment to the post of Constable in the recruitment exercise initiated in 2018. He cleared written test and also physical efficiency test. Petitioner thereafter was called for medical test, in which he has been declared unfit, on the ground that petitioner's chest is below the minimum size, which is specified under the rules. It is submitted that once measurement of petitioner's height and chest has been made in accordance with the rules, which has attained finality, it would not be open for the Medical Board to non-suit the petitioner on the aspects which have been concluded by determination made at the time of physical standard test. Reliance is placed upon a judgment of this Court in WRIT - A No. - 14195 of 2018 (Bhanu Pratap Rajput Vs. State Of U.P. And 5 Others), wherein following proposition has been laid down:-
"In view of the aforesaid discussions, the inescapable conclusion is that the respondents were not justified in declaring the petitioner to be medically unfit on the ground that he does not possess physical standard specified in Appendix - 2, even after a declaration by the competent authority in terms of Appendix - 2 that petitioner possesses physical standards as prescribed in the Rules. The report of the medical board, to the extent it declares the petitioner to be short in height and having incomplete chest expansion, stands quashed. Since the medical board has, otherwise, not found the petitioner to be suffering from any deficiency and petitioner possesses physical standards specified in the Rules, as such, he is entitled to be considered for appointment to the post of Constable.
The writ petition succeeds and is allowed."
Learned Standing Counsel submits that petitioner's grievance shall be examined by the authority concerned in view of the law laid down in the case of Bhanu Pratap Rajput (supra).
In the facts and circumstances, noticed above, this writ petition stands disposed of with a direction upon the respondent no.3 to accord consideration to petitioner's claim in light of the observations made in the case of Bhanu Pratap Rajput (supra), within a period of two months from the date of presentation of certified copy of this order. All consequential action would be taken accordingly.
Order Date :- 30.7.2019 Ashok Kr.