Court No. - 6
Case :- WRIT - A No. - 3114 of 2019 Petitioner :- Manoj Kumar Respondent :- State Of U.P. And Another Counsel for Petitioner :- Awadh Sharma,Vivek Tripathi Counsel for Respondent :- C.S.C.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the petitioner and the learned Standing Counsel.
Undisputedly pursuant to the recruitment exercise initiated in terms of Rule 15, the petitioner was submitted to a physical examination and in which he was not found to conform with the height requirement which was fixed. Although the statute contemplates and confers a right upon the petitioner to prefer an appeal, no such remedy was invoked by the petitioner. The height measurement reports are neither established to be arbitrary nor are they assailed on malafides. The examination at the stage of Rule 15 is undisputedly carried out with the aid of standardised equipment.
Consequently and bearing in mind the principles enunciated by the Division Bench of this Court in State of U.P. Vs. Rahul [2016 (3) ADJ 327], this writ petition is dismissed.
Order Date :- 26.2.2019 LA/-