Court No. - 29
Case :- SPECIAL APPEAL DEFECTIVE No. - 462 of 2021 Appellant :- Atul Kumar Respondent :- The State Of U.P. And 6 Others Counsel for Appellant :- Arvind Tripathi Counsel for Respondent :- C.S.C.
Hon'ble Munishwar Nath Bhandari,Acting Chief Justice Hon'ble Subhash Chandra Sharma,J.
Heard on the application for condonation of delay in filing the appeal so as the appeal.
It is a case where appellant appeared in the selection for the post of Constable, Civil Police and Constable, PAC in direct recruitment of 2018. He remained successful, thus was called for the medical examination. He appeared in the medical examination where he was declared unfit for the service. Appellant applied for Appellate Medical Board. He was again examined but declared unfit due to sufferance of hearing deficiency. After the result of the Appellate Medical Board, appellant seems to have undergone surgery on 24th August, 2019 with a certificate about good recovery. He subsequently obtained his certificate from District Male Hospital, Kanpur Nagar also. However, it could not have nullified the opinion of the Medical Board so as the Appellate Medical Board, thereby learned Single Judge dismissed the writ petition. It is not that the opinion of the Medical Board so as the Appellate Medical Board was erroneous rather it gets substantiated by the surgery taken by the appellant in regard to his hearing impediment. There is no provision for Medical Board after examination by the Appellate Medical Board.
Taking aforesaid into consideration, we do not find ground to cause interference in the judgment of the learned Single Judge. Appeal is accordingly dismissed. It is after condonation of delay as the application for it has not been opposed and accordingly application is allowed.
Order Date :- 29.7.2021 VMA (Subhash Chandra Sharma, J.) (Munishwar Nath Bhandari, A.C.J.)