Court No. - 21
Case :- SPECIAL APPEAL DEFECTIVE No. - 543 of 2018 Appellant :- Aviral Pal Respondent :- State Of U.P. And 4 Ors Counsel for Appellant :- Lallan Prasad Pal Counsel for Respondent :- C.S.C.
Hon'ble Govind Mathur,J. Hon'ble Chandra Dhari Singh,J.
This appeal is barred by limitation from 10 days. Ignoring the same we have considered the merits of the case.
This appeal is before us to examine the correctness of the order dated 03.07.2018 passed by the learned single Bench in Writ Petition No. 14273 of 2018.
In brief facts of the case are that appellant petitioner while facing process of selection for recruitment to the post of Constable faced physical test on 17.8.2016. Appellant petitioner failed to attain requirement relating to the height and, as such, his candidature was not found suitable for appointment. Being aggrieved by the same he preferred petition for writ in the year 2018. Learned single Bench looking to this fact refused to invoke authority under Article 226 of the Constitution of India.
In appeal it is submitted by learned counsel appearing on behalf of the appellant petitioner that now an information was given to the appellant petitioner about the fact that he failed to qualify the requirements relating to height.
We do not find any merit in the argument advanced. The physical test is an open test where outcome of the measurement are known to the aspirants concerned at the spot itself. In view of it the statement made on behalf of the appellant petitioner does not bear confidence. It is further relevant to note that the process of selection was initiated in the year 2015 and that has already been attained finality. In entirety, we do not find any wrong with the order passed by learned single Bench.
Hence, appeal is dismissed.
Order Date :- 24.8.2018 Shekhar [Chandra Dhari Singh, J.] [Govind Mathur, J.]