Court No. - 6
Case :- WRIT - A No. - 3261 of 2019 (Roll No. 1321040045) Petitioner :- Amit Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mohd. Afzal Ansari Counsel for Respondent :- C.S.C.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the petitioner and Sri S.C. Upadhyay, the learned Brief Holder for the State-respondents.
Undisputedly, the petitioner was subjected to the Physical Standard Test on 21 December 2018 in terms of which he was found not to comply with the requirements as statutorily placed. Although Rule 15 of the 2015 Rules envisaged an appeal being preferred against the said decision on the same date, the petitioner chose not to avail this opportunity. The 2015 Rules which governed the exercise carry no provision for the Physical Standard Test being re-conducted. The opinion of the Medical Board has also not been assailed as being arbitrary or on the grounds of malafides.
Accordingly and additionally bearing in mind the principles enunciated by a Division Bench in State of Uttar Pradesh & 2 Others Vs. Rahul, 2016(3) ADJ 327, this Court finds no ground to issue the writs as prayed for.
The writ petition is consequently dismissed.
Order Date :- 28.2.2019 Arun K. Singh (Yashwant Varma, J.)