Court No. - 29
Case :- SPECIAL APPEAL No. - 156 of 2021
Appellant :- Rajeewa Tripathi Respondent :- State Of U.P And Others Counsel for Appellant :- Shivendu Ojha Counsel for Respondent :- C.S.C.
Hon'ble Munishwar Nath Bhandari,Acting Chief Justice Hon'ble Subhash Chandra Sharma,J.
Exemption Application No. 1 of 2021
Exemption Application is allowed.
Appellant is exempted from filing certified copy of the judgment dated 19.05.2021 to this appeal.
Order on Memo of Appeal
Heard Sri R.K. Ojha, Senior Advocate for the appellant and Sri A.P. Paul, learned Standing Counsel for the respondents.
By this appeal, a challenge is made to the judgment dated 19.05.2021 whereby the writ petition preferred by the appellant/petitioner was dismissed.
The writ petition was filed to seek a direction on the respondents to conduct his medical examination by other Medical Board and accordingly give him appointment on the post of constable. It is an admitted case that pursuant to the recruitment, the appellant/petitioner was called for the medical examination and declared unfit by the Medical Board on 12.03.2021. The appellant/petitioner applied for Review Medical Board which gave its opinion on 22.03.2021 declaring the appellant/petitioner to be unfit.
The prayer for another Medical Board was not accepted by learned Single Judge in reference to the judgment of the Division Bench in State of U.P. Through Its Secretary, Ministry of Home Affairs, Government of U.P., Lucknow and Others Vs. Rahul, 2016 SCC Online All 2779. The judgment of the Division Bench was quoted to show limited jurisdiction of this Court though powers under Article 226 of the Constitution are wide enough but cannot be exercised in all the matters and especially against the opinion of experts.
It is not in dispute that appellant/petitioner was medically examined by the Medical Board followed by a Review Medical Board consist of separate team of doctors. In both Medical Board, the appellant was declared unfit.
Learned counsel for appellant submits that the appellant is an ex-serviceman, thus, he could not have been declared medically unfit when earlier serving the Army.
Apart from the aforesaid, a reference of the medical certificate issued at the instance of the appellant/petitioner has also been given. Accordingly, prayer is to direct the respondents to constitute a new Medical Board to examine the appellant/petitioner. It is in reference to certain orders of this Court directing the recruitment agency to conduct medical examination of the candidates even on the payment of a sum of Rs. 10,000/- or so.
We have considered the submissions of learned counsel for the appellant and perused the record.
The facts not in dispute are that the appellant/petitioner was declared unfit by the Medical Board followed by Review Medical Board. There is no provision for further Medical Board.
Taking aforesaid into consideration, the Division Bench of this Court in the cases of Rahul (supra) and Union of India through Ministry of Railway Board and others vs. Parul Punia, 2016 SCC Online All 2983, refused to accept similar prayer. The Court can exercise power under Article 226 but not in relation to the matters of technical nature or evaluation of the medical report. If the Court would issue direction to constitute further Medical Board, it would not only de-hors the Rules but keep the process of recruitment unending.
The aforesaid is not the domain of this Court and as the prayer of same nature was declined by the Division Bench in cases referred by the Learned Single Judge. If in few cases, an order has been passed by the Single Bench to allow the Medical Board even subsequent to Review Medical Board, then firstly no such judgment has been referred and otherwise it cannot be read contrary to the judgments of the Division Bench referred by the learned Single Judge.
In the light of the discussion made above, this appeal fails and is dismissed as we do not find any error in the judgment of learned Single Judge.
Order Date :- 29.7.2021 Nirmal Sinha
Digitally signed by Justice Munishwar Nath Bhandari Date: 2021.08.02 15:31:05 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by Justice Subhash Chandra Sharma Date: 2021.08.02 15:31:45 IST Reason: Document Owner Location: High Court of Judicature at Allahabad