Court No. - 36
Case :- WRIT - A No. - 18391 of 2019 Petitioner :- Mukesh Kumar Mishra and 4 others Respondent :- State of U.P. and another Counsel for Petitioner :- Vinod Kumar Upadhyay, Chandra Narayan Mishra Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioners and learned Standing Counsel for State-respondents.
The following principal relief has been claimed in this writ petition:-
"i) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to grant 2 minute additional time to the petitioners (ex-servicemen defense category) for completing race of 4.8 km.
ii) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to consider the claim of the petitioners and take decision within stipulated time (before physical test)."
Sri Sharad Chandra Upadhyaya, learned Standing Counsel has placed the order dated 18.2.2019 passed in Writ A No. 2272 of 2019 (Rameshwar and 23 others Vs. State of U.P. and 2 others) wherein following order has been passed which reads as under:-
"Heard Sri Seemant Singh, learned counsel for the petitioners and Sri Manish Goyal, learned Additional Advocate General assisted by Sri Vikram Bahadur Yadav for the State-respondents.
Petitioners are candidates for the post of Constable in U.P. Police. They could not qualify the recruitment test as they could not qualify the physical efficiency test, which provided that male candidates should complete 4.8 k.m. run in 25 minutes.
In view of the above, petitioners have filed this petition challenging the vires of Rules 15(4)(b) of U.P. Constable and Head Constable Service (1st Amendment) Rule, 2017 which lays down the above condition of run 4.8 k.m. in 25 minutes.
Learned counsel for the petitioners is unable to show any statutory provision or any Article of the Constitution having been violated by the aforesaid Rule. He only submits that the aforesaid provision is arbitrary and infringes upon his fundamental right to the job.
There is no fundamental right of any person to get a government job. As far as the arbitrariness of the aforesaid Rule is concerned, we do not find such a condition of prescribing a run of 4.8 k.m. in 25 minutes for the persons applying to the post of Constable in U.P. Police, is arbitrary.
The submission that the petitioners are all ex-servicemen who have put in 15 years of service in the Army and as such, they cannot compete with the youngsters aged between 18 to 22 years, is also misconceived as the aforesaid condition is related to the job requirement and not to age. It is a policy decision in which the writ Court, in exercise of its discretionary jurisdiction, has little scope to interfere.
In view of the above, we find no merit in the case. It is accordingly dismissed."
This Court is of the considered opinion that the matter is squarely covered with the case of Rameshwar (supra). Accordingly, no interference is required in the matter and this writ petition is dismissed.
Order Date :- 28.11.2019 Jaswant