Court No. - 38
Case :- WRIT - A No. - 10299 of 2019 Petitioner :- Netra Pal Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Seemant Singh Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
While entertaining the writ petition following orders were passed on 18.07.2019:-
"Petitioner has been declared medical unfit on the ground that his height is short and that he suffers from hearing impairment. So far as height is concerned, learned counsel for the petitioner places reliance upon a judgment of this Court in the case of Bhanu Pratap Rajput Vs. State of U.P. and others in Writ Petition No. 14159 of 2018 in order to submit that recording of height at the time of physical efficiency test since is in accordance with rules 2015, therefore, it would be given primacy, and once he has been declared to possess requisite height, the petitioner's claim for appointment cannot be non-suited on the ground that petitioner's height is short at the stage of medical.
So far as the other ground pointed out by the respondents is concerned, it is stated by the learned counsel for the petitioner that petitioner does not suffer from any hearing impairment, and a certificate of C.M.O., Agra has been brought on record. Learned counsel for the petitioner also places reliance upon the reasoning assigned by this Court in the order dated 13th August 2018 passed in Writ Petition No. 14726 of 2018 (Sandeep Kumar Vs. State of U.P. and others) to submit that the medical report cannot be relied.
In such circumstance, it would be appropriate to provide that the petitioner shall appear along with a certified copy of this order before the Chief Medical Officer, Etah on 24.07.2019. The petitioner shall deposit a sum of Rs.5,000/- as cost with the Chief Medical Officer, Etah. The Chief Medical Officer would constitute a Medical Board consisting of three Specialist in the field of the level of Professor and associates Professors available at the local District Hospital. The C.M.O. shall also inform the S.S.P., Etah, who shall depute an official of the rank of Additional Superintendent of Police to remain present before the Board on 24.07.2019. The petitioner shall also produce materials in support of his identity before the Medical Board. The petitioner shall appear before the Medical Board on 24.07.2019 and he would be medically examination by the Board of three doctors on the question as to whether the petitioner is medically fit in terms of the Rules, 2015. The report signed by the Chairman of the Board would be sent through the Chief Medical Officer, Etah before this Court on or before 31st July, 2019. This report would constitute the basis for the Court to determine as to whether the report of the Medical Board and the Appellate Medical Board is liable to be questioned or not?
Put up in the additional cause list 31st July, 2019."
Learned Standing Counsel has produced a letter received from the Chief Medical Officer, Etah, according to which petitioner appeared along with certified copy of this order before the authority on 27.07.2019, but he did not deposit the specified amount of Rs. 5,000/-. It has also been stated that petitioner has not appeared within time, permitted by the Court, and therefore, the medical examination could not be conducted.
Since the requisite amount of Rs. 5,000/- has not been deposited by the petitioner and the petitioner has otherwise not appeared in terms of the order passed by this Court, no further indulgence, therefore is required. There is nothing before the Court to doubt the correctness of the Medical Board Report as also the report of Appellate Medical Board.
The writ petition is, accordingly, dismissed.
Order Date :- 31.7.2019 M. ARIF