Court No. - 6
Case :- WRIT - A No. - 27482 of 2018 Petitioner :- Murli Dhar Chauhan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Prabhakar Dubey Counsel for Respondent :- C.S.C.
Hon'ble Yashwant Varma,J.
The Court notes that on an earlier writ petition preferred by the petitioner, a learned Judge of the Court had passed the following operative directions:
“From the materials placed before this Court, this Court is satisfied that petitioner has not been examined properly by the Medical Board and the action of the respondents in denying him appointment on the premise that petitioner is physically unfit cannot be sustained.
This petition, therefore, succeeds and is allowed with a cost of Rs. 10,000/- to be paid to the petitioner by the respondents for the harassment caused to him. It would be open for the State to get the responsibility of erring person determined and recover the cost from such person.
A direction is also issued to the concerned authority to conduct a fresh medical examination of petitioner with regard to his fitness and to consider petitioner's case, accordingly, for appointment within a further period of six weeks, thereafter”
On the record there is a communication issued by the Nodal Officer, District Basti addressed to the competent authority of the Board to complete the entire process for consideration of the case of the petitioner in accordance with the directions issued by the High Court. The Court notes that the earlier writ petition was disposed of with the observation that the petitioner has to be examined medically afresh with regard to his fitness and further proceedings be taken for his appointment. All that the petitioner has done, thereafter is to send an application by registered post to the respondents.
Learned Standing Counsel states that even now if the petitioner appears before the competent authority, all further actions in compliance with the directions issued earlier by this Court shall be taken and his candidature processed in accordance with law.
In view of the above, this writ petition is disposed of with liberty to the petitioner to approach the competent authority for taking further steps in accordance with the directions issued by the High Court on 4 September 2018.
Order Date :- 20.12.2018 LA/-