Court No. - 58
Case :- WRIT - A No. - 19178 of 2018 Petitioner :- Kapil Nagar And Another Respondent :- State Of U.P. And Another Counsel for Petitioner :- Rajat Agarwal,Virpratap Singh Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
While entertaining this petition, following orders were passed on 10.09.2018:-
"Grievance is that though petitioners have cleared physical efficiency test but they have been declared medically unfit due to insufficient height and chest expansion.
Learned Standing Counsel may obtain instructions in the matter. Put up in the additional cause list on 19.9.2018"
Learned standing counsel has obtained instructions, copy of which has been furnished to the counsel for the petitioner. As per the instructions, petitioners' height was found below 168 c.m. in the physical standard test itself and they were disqualified at that stage. It is stated that petitioners are not right in contending that they have been declared medically unfit later. A report of the physical standard test has been produced, as per which petitioner no. 1 is shown to be 167.1 c.m., which is below 168 c.m. height, prescribed in the Rules of 2015. Similarly, the height of petitioner no. 2 is found to be 164.7 c.m., which is below the minimum height prescribed in the Rules of 2015.
Physical standard test was, otherwise, conducted in the year 2016 and the final result has been declared on 21.05.2018. The physical standard test also contains petitioners' signatures.
In the facts and circumstances, this Court finds that once petitioners' height has been found below the specified height as per the Rules, no exception can be taken if petitioners have not been selected. Even otherwise, the height determined at the time of physical standard test attaches finality under Rule 15D of the Rules of 2015.
Grievance of the petitioner is misconceived. The writ petition is, accordingly, dismissed.
Order Date :- 19.9.2018 Amit Mishra