Court No. - 36
Case :- WRIT - A No. - 19112 of 2019 Petitioner :- Dushyant Sharma Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Devesh Mishra Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner and learned Standing Counsel.
The petitioner is before this Court assailing the validity of the order impugned, whereby he has been declared unfit in the physical test on account of under height.
Learned counsel for the petitioner states that in the present matter a complaint was made to Hon'ble the Chief Minister, which has been entertained and finally a direction was issued to the concerned District Magistrate to constitute Medical Board. Consequently, a medical board was constituted consisting of three doctors with eminence, who have issued certificate on 20.8.2019 indicating with categorical terms that the height of the petitioner is 168.1 cm., which is much higher to the prescribed height. As such it is contended that the claim of the petitioner may be considered.
Learned counsel for the petitioner, in support of his submissions, has placed reliance on the judgment dated 5.9.2018 passed in Writ-A No.14195 of 2018 (Bhanu Pratap Rajput v. State of U.P. & Ors.).
Considering the facts and circumstances of the case, the Court is not inclined to pass any favourable order in favour of the petitioner at this stage regarding his candidature but this aspect of the matter can very well be looked into, examined and remedied by second respondent. In case the petitioner moves appropriate application ventilating his grievances along with the order passed by this Court within ten days before second respondent, definitely the remedial measures would be taken and appropriate order would be passed in the light of the aforesaid facts and circumstances and in view of the judgment in Bhanu Pratap Rajput (Supra).
The writ petition stands disposed of accordingly.
Order Date :- 29.11.2019 SP/