Court No. - 6
Case :- WRIT - A No. - 25174 of 2018 Petitioner :- Rajesh Yadav Respondent :- State Of U.P. And Another Counsel for Petitioner :- Bhupendra Kumar Tripathi Counsel for Respondent :- C.S.C.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the petitioner and learned Standing Counsel.
This petition challenges an order dated 15 October 2018 in terms of which the representation made by the petitioner against the opinions entered by the Medical Board and the Review Medical Board has been negatived. It is relevant to note that during the course of physical examination the Medical Board as well as the Appellate Medical Board had opined that the height of the petitioner was below the minimum requirements as fixed. Assailing the same the petitioner preferred Writ-A No.10319 of 2018 which was dismissed on 7 May 2018 with the following observations:-
"It further appears from Annexure C.A.-'2' to written instruction supplied today that the Review Medical Board found that the objection taken by the petitioner was without any basis. The measurement was done in the presence of Nodal Officer and his height was found less than the standard fixed for the purpose.
In view of the said fact brought before the Court, it is more than apparent that the petitioner's height was measured two times by the Medical Boards which were constituted for the recruitment examination-2015.
The challenge to the finding of the Medical Board on the ground that there was an overwriting or that the Nodal Officer has recommended for fresh consideration, is without any basis.
In so far as the submission of learned counsel for the petitioner on the basis of report of the Chief Medical Officer, Mau, a perusal of page 30 of the paper book shows that it is an undated report allegedly written by the Chief Medical Officer on a plain paper. The same cannot be said to be a certificate given by the competent authority.
A Division Bench of this Court in the case of State of U.P. & others Vs. Rahul namely Special Appeal Defective No.70 of 2016 decided on 03.02.2016 has held that this Court is not competent to dispute the opinion of the Medical Board on the basis of report of private medical expert submitted by the petitioner. A self contained procedure has been provided to redress the grievances of the candidate who appeared in the examination conducted by the U.P. Police Recruitment and Promotion Board by providing them an opportunity to file an appeal against the findings of the Medical Board and to appear before the Review Medical Board.
For the above noted reason, this Court does not find any merits in the writ petition.
Dismissed as such."
The Decision of the learned Judge was affirmed in Special Appeal No.548 of 2018 with the following observations:-
"We do not find any just reason to interfere with the order impugned. As a matter of fact, it is just, as the appellant has approached this Court under Article 226 of the Constitution of India without availing the remedy prescribed. The appeal, hence is dismissed. The petitioner, however, is at liberty to agitate his cause before the reddressal forum. The appellant- petitioner, if prefers any representation or appeal before the forum concerned within a period of fifteen days from today, the same shall be considered and decided objectively."
In the challenge laid to the present impugned order identical submissions are advanced. The Court finds no ground to entertain the challenge or to evaluate the submissions which have already been negatived by the Writ Court on an earlier occasion.
The writ petition is thoroughly misconceived and is dismissed.
Order Date :- 29.11.2018 cks