Court No. - 3
Case :- WRIT - A No. - 17076 of 2019 Petitioner :- Smt. Rekha Singh Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Saurabh Singh,P.N. Saksena, Sr. Advocate Counsel for Respondent :- C.S.C.,Bhanu Pratap Singh
Hon'ble Saral Srivastava,J.
Heard Sri P.N. Saxena, learned Senior Advocate assisted by Sri Saurabh Singh, learned counsel for the petitioner, learned standing counsel for the respondent nos. 1 to 3 & 6 and Sri Bhanu Pratap Singh, learned counsel for the respondent nos. 4 & 5.
Learned counsel for the respondents has raised preliminary objection and submitted that this petition has been filed against the show cause notice, therefore, it is not maintainable.
Sri P.N. Saxena, learned Senior Advocate could not dispute the objection raised by the learned counsel for the respondents, but submitted that show cause notice is based upon the medical report dated 4.6.2019, which is ex facie bad and therefore, no show cause notice can be issued on such medical report and it is required on the part of respondent no.6 to obtain fresh medical report.
Needless to say that if after receiving the reply of petitioner respondent no.6 is of the view that fresh medical report is required, he may obtain a fresh medical report before passing order. So far as contention raised by the learned counsel for the petitioner about the marks is concerned, he may also raise issue before the respondent no.6 while submitting the reply to show cause notice.
Accordingly, the writ petition is dismissed. No order as to costs.
Order Date :- 28.11.2019 Manish Tripathi