Court No. - 5
Case :- WRIT - A No. - 20107 of 2018 Petitioner :- Azeem Ahmad Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Vijay Gautam,Pranjal Shukla Counsel for Respondent :- C.S.C.
Hon'ble Saral Srivastava,J.
1. Heard Sri Devesh Mishra, Advocate holding brief of Sri Pranjal Shukla, learned counsel for the petitioner and Dr. Amarnath Singh, learned Standing Counsel for the respondents.
2. The petitioner by means of the present writ petition has prayed for the following reliefs:-
“(i). Issue a writ, order or direction, in the nature of mandamus, directing the Respondent Authorities, to conduct the Fresh Medical Examination of the petitioner, by the Medical Board, for the post of Police Constable and Constable PAC (Male) Direct Recruitment- 2015, pursuant to the Advertisement dated 29/12/2015.
(ii). Issue a writ, order or direction, in the nature of mandamus, commanding the Respondent Authorities, treating the petitioner as medially fit in the medical examination for the post of Police Constable and Constable PAC (Male) Direct Recruitment-2015, pursuant to the Advertisement dated 29/12/2015 and select & appoint him finally for the said post, in pursuance of the merit list, issued vide Notification dated 21/05/2018.
(iii). Issue a writ, order or direction, in the nature of certiorari, quashing the Appendix-3 (3) to the Rule 15(g) of the Uttar Pradesh Police Constable and Head Constables Service Rules-2015, issued vide Notification dated 02/12/2015, which is unreasonable and arbitrary as it does not give sufficient time to file an appeal and secondly in absence of reasoned order any appeal is empty formality thus the said provision is arbitrary and violates Article 14 of the Constitution.
(iv). Issue a writ, order or direction, in the nature of mandamus, directing the Respondent Authorities, to declare the petitioner as a selected candidate finally and send him necessary training for the post of Police Constable and Constable PAC (Male) Direct Recruitment-2015, pursuant to the Advertisement dated 29/12/2015 and in pursuance of the merit list, issued vide Notification dated 21/05/2018.
(v). Issue, any other writ, order or direction, in favour of the petitioner, as this Hon'ble Court deems fit and proper in the present facts and circumstances of the case, so as to secure the ends of justice or else, the petitioner shall suffer irreparably.
(vi). Award cost in favour of the petitioner.”
3. The brief facts of the case are that a notification dated 29.12.2015 was published by the U.P. Police Recruitment and Promotion Board, Lucknow inviting applications for the posts of Police Constable and Constable PAC (Male).
4. Pursuant to the aforesaid advertisement, the petitioner submitted an online application for being considered for appointment on the post of Police Constable and Constable PAC (Male). The petitioner qualified in the physical efficiency test held w.e.f 16.04.2016. Thereafter, documents of the petitioner were verified by the Recruitment Board, which were found to be correct.
5. Thereafter, the petitioner was called to appear in the medical examination on 18.06.2018 at 9th Battalion, PAC, Moradabad. The petitioner appeared before the Medical Board and he was found medically unfit due to 'Knock Knee'.
6. Against the report of the Medical Board, the petitioner submitted a representation for a re-medical examination. The petitioner presented himself for a re-medical examination before the Appellate Medical Board at Moradabad on 19.06.2018 in which he was again found unfit due to 'Knock Knee'. After the result of the re-medical examination, the petitioner got himself medically examined at the office of Chief Medical Officer, Saharanpur on 18.07.2018 in which he was declared medically fit, copy of the said certificate is annexed as Annexure 8 to the writ petition.
7. In the aforesaid backdrop, petitioner has prayed for the aforesaid reliefs.
8. In the instant case, this Court on 19.09.2018 passed the following order:-
“Petitioner states that though he does not suffer from any physical deficiency or deformity, yet the respondents have arbitrarily denied appointment to him on the pretext that petitioner is medically unfit. The reason attributed for the purpose is that petitioner suffers from knock knee. Learned counsel for the petitioner has invited attention of the Court to a certificate issued by the Chief Medical Officer, Saharanpur, as per which petitioner does not suffer from any infirmity. Submission is that the medical report on the basis of which petitioner has been denied consideration is not reliable.
In such circumstance, it would be appropriate to provide that the petitioner shall appear, along with a certified copy of this order, before the Chief Medical Officer, Meerut on 24.9.2018. The petitioner shall deposit a sum of Rs.5,000/- as cost with the Chief Medical Officer concerned. The Chief Medical Officer concerned would constitute a Medical Board consisting of three Specialists in the field of the level of Professor and Associate Professor available at the local District Hospital. The Chief Medical Officer concerned shall also inform the Commandant, 9th Battalion, Meerut, who shall depute a responsible representative to remain present before the Board on 27.9.2018. The petitioner shall also produce materials in support of his/her identity before the Medical Board. The petitioner shall appear before the Medical Board on 27.9.2018 and he/she would be medically examined by the Board of three Doctors on the question as to whether the petitioner is medically fit in terms of the Rules, 2015. The report signed by the Chairman of the Board would be sent through the Chief Medical Officer concerned before this Court on or before 3rd October, 2018. This report would constitute the basis for the Court to determine as to whether the report of the Medical Board and the Appellate Medical Board is liable to be questioned or not?
Put up in the additional cause list on 3.10.2018.”
9. It appears that petitioner pursuant to the order of this Court dated 19.09.2018 appeared before the Medical Board and report of the Medical Board was produced before the Court. This Court on 26.11.2018 passed the following order:-
“The report of the Board constituted by this Court is taken on record and marked as 'X' for the purposes of identification.
The Board has opined that the petitioner must under-go further and detailed medical examination.
In view thereof, let this petition be listed after one month awaiting further reports from the Board.”
10. Perusal of the order of this Court dated 26.11.2018 discloses that petitioner needs to undergo further and detailed medical examination
11. Learned Standing Counsel submits that identical controversy as raised in the present writ petition has already been decided by this Court in Writ-A No.5668 of 2021 (Ankit Kumar Vs. State of U.P. And 3 Others).
12. In this view of the fact, this Court does not find any illegality in the report of the Medical Board.
13. Since, the controversy involved in the present writ petition has already been decided by this Court in Writ-A No.5668 of 2021 (Ankit Kumar Vs. State of U.P. And 3 Others) by judgement and order dated 03.08.2021, therefore, present writ petition is also dismissed with no order as to cost.
Order Date :- 19.8.2021 Sattyarth/NS