Court No. - 38
Case :- WRIT - A No. - 13403 of 2019 Petitioner :- Raghvendra Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Prabhat Kumar Singh Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner had earlier approached this Court by filing Writ Petition No.19504 of 2019, which was disposed of vide following orders passed on 28.9.2019:-
"Following orders were passed in the matter on 13.9.2018:-
Grievance is that though petitioner's height was found as per the rules in the physical standard test, but the medical board, without correctly measuring petitioner's height, has declared him unfit for such reason.
Learned standing counsel may obtain instructions in the matter. Put up this matter, in the additional cause list, on 25.09.2018."
Learned counsel for the petitioner submits that the action of the respondents in denying consideration to petitioner's claim for appointment on the basis of medical report is unsustainable in view of the law laid down by this Court in Writ Petition No. 14195 of 2018 (Bhanu Pratap Rajput Vs. State of U.P. and others).
Learned Standing Counsel does not dispute that facts of this case are covered by the adjudication made in Bhanu Pratap (Supra).
For the reasons recorded therein, this petition is also disposed of on the same terms."
The Senior Superintendent of Police, Allahabad, has rejected the petitioner's claim by the order impugned, which is under challenge in this petition.
Learned counsel for the petitioner states that the law laid down by this Court in the case of Bhanu Pratap (Supra) has neither been referred nor has been taken note of, and that the order impugned suffers from complete non-application of mind. Having noticed such contention, this Court proceeded to pass following orders on 12.9.2019:-
"Petitioner had earlier approached this Court by filing Writ Petition No.19504 of 2019 which was disposed of vide following orders passed on 28.9.2019:-
"Following orders were passed in the matter on 13.9.2018:-
Grievance is that though petitioner's height was found as per the rules in the physical standard test, but the medical board, without correctly measuring petitioner's height, has declared him unfit for such reason.
Learned standing counsel may obtain instructions in the matter. Put up this matter, in the additional cause list, on 25.09.2018."
Learned counsel for the petitioner submits that the action of the respondents in denying consideration to petitioner's claim for appointment on the basis of medical report is unsustainable in view of the law laid down by this Court in Writ Petition No. 14195 of 2018 (Bhanu Pratap Rajput Vs. State of U.P. and others).
Learned Standing Counsel does not dispute that facts of this case are covered by the adjudication made in Bhanu Pratap (Supra).
For the reasons recorded therein, this petition is also disposed of on the same terms."
Claim of petitioner for appointment has been rejected by the Senior Superintendent of Police, Prayagraj vide order impugned dated 19.7.2019. Learned counsel for the petitioner states that the the law laid down by this Court in Writ Petition No. 14195 of 2018 (Bhanu Pratap Rajput Vs. State of U.P. and others) has neither been adverted to nor has been taken note of and, therefore, the order impugned suffers from complete non- application of mind.
Learned Standing Counsel may obtain instructions in the matter.
Post as fresh on 19.9.2019."
Learned Standing Counsel has produced a letter of the Senior Superintendent of Police, Allahabad, dated 27.9.2019, seeking further time to comply with the directions issued by this Court in the case of Bhanu Pratap (Supra).
In view of the stand taken by the respondents, it would be appropriate to permit the Senior Superintendent of Police, Allahabad to re-visit the issue and pass an appropriate order, within a period of six weeks from the date of presentation of certified copy of this order. In order to facilitate a fresh consideration of cause and in view of the fact that the order impugned otherwise omits to take note of the judgment of this Court in the case of Bhanu Pratap (Supra), despite an order passed in the previous writ petition, the order impugned dated 19th July, 2019 stands quashed.
Writ petition, accordingly, stands disposed of.
Order Date :- 27.9.2019 Anil