Court No. - 6
Case :- WRIT - A No. - 27308 of 2018 Petitioner :- Mithilesh Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ganesh Shanker Srivastava,Deepak Kumar Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the petitioner and the learned Standing Counsel for the State respondents.
Undisputedly, the petitioner is unable to state whether any appeal was preferred before the Review Medical Board.
Be that as it may and bearing in mind the principles enunciated by a Division Bench of this Court in State of Uttar Pradesh & 2 Others Vs. Rahul, 2016(3) ADJ 327, this Court finds no ground to issue a direction for a re-examination of the petitioner since the test undertaken by the respondents is not shown to suffer from any manifest arbitrariness nor are any malafide alleged.
The petition is consequently dismissed.
Order Date :- 19.12.2018 Arun K. Singh (Yashwant Varma, J.)