Court No. - 36
Case :- WRIT - A No. - 13143 of 2018 Petitioner :- Dilshad Ali Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mohd. Aqueel Khan Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sunita Agarwal,J.
The petitioner seeks consideration of his candidature for appointment to the post of Constable Civil Police and Constable P.A.C. pursuant to the Direct recruitment, 2015, with the assertion that he appeared before the Medical Board on 20.8.2016 but his height was wrongly measured and he was wrongly declared disqualified on the ground of being short in height.
Submission is that since the selection process has been stayed by this Court and the final result has been declared in the month of May, 2018 and, as such, the petitioner can now approach this Court for seeking a writ of mandamus commanding the respondent authorities to allow him to appear before Review Medical Board.
This submission of learned counsel for the petitioner is wholly misconceived, inasmuch as, it is admitted to the petitioner that he had appeared before the Medical Board on 20.8.2016. On the said date itself, he was made aware of the fact that his height was short from the standards fixed by the Board.
It is not disclosed in the writ petition as to whether any objection was filed by the petitioner asking him to be examined by the Review Medical Board at that point of time.
As per the prescribed procedure, in case, a candidate is aggrieved by the findings of the medical board, he can raise an objection on the same date; and in case of such objection being filed, he shall be allowed to be re- examined by the Review Medical Board The process notified by the respondent Board has not been followed by the petitioner.
Moreover, the selection process is over as early as in the year 2016 pursuant to the directions issued by this Court vide order dated 27.5.2016 in Writ C No. 3336 of 2016; wherein this Court had directed the Board to finalize the result but not to declare the same.
As selection process has not been stayed by this Court, the explanation offered by the petitioner for not approaching this Court for a period of two years, cannot be accepted.
Even otherwise, the Division Bench of this Court in the case of State of U.P. & others Vs. Rahul namely Special Appeal Defective No. 70 of 2016 vide judgment and order dated 03.02.2016 has held that the Court shall not ordinarily interfere in the findings of the Medical Board on the basis of assertion of the petitioner that in another recruitment or examination made by a private expert his height was found meeting the standards. There cannot be any deviation from the process notified in the advertisement for the selection in question as the rules of the game cannot be changed after selection process is set in motion.
For the above noted reasons, the writ petition is dismissed.
Order Date :- 31.5.2018 AK Pandey