Court No. - 6
Case :- WRIT - A No. - 2957 of 2019 Petitioner :- Sandarbh Shekhar Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Manish Jaiswal,Arvind Kumar Counsel for Respondent :- C.S.C.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the petitioner and the learned Standing Counsel.
This petition impugns an order dated 29 December 2018 pursuant to which the training program of the petitioner has been terminated and his claim for absorption on compassionate grounds also negatived upon him being found to be medically unfit.
The impugned order records that both on 14 November 2018 and again on 15 December 2018 the petitioner was medically examined by a Board which found him unfit. It is further disclosed that in the second round of medical examination, the Board comprised of as many as three Orthopaedic Surgeons all of whom had concurred that the petitioner suffered from 'Knock Knee' and was thus rendered medically unfit. Learned counsel has been unable to address any submission which may establish that the opinion so formed by the Board on two occasions was either arbitrary nor is the opinion formed challenged on any ground of mala fides. Bearing in mind the principles enunciated by a Division Bench of this Court in State of Uttar Pradesh & 2 Others Vs. Rahul, 2016(3) ADJ 327, the Court consequently finds no merit in the challenge to the order dated 29 December 2018.
Learned Counsel has then drawn the attention of the Court to a communication dated 04 January 2019 appearing at page-31 of the paperbook to submit that in respect of similar candidates, the Superintendent of Police (Training) U.P. Lucknow has passed an order for constitution of a State Level Medical Board. He has also referred to an order passed by this Court in Writ-A No 2317 of 2019. This communication and order also cannot come to the aid of the petitioner since it has been passed by the Superintendent of Police of a separate training academy and not by the Superintendent of Police (Training) of the academy at Moradabad. There is also no material to establish that the case of the candidates who are covered in the order dated 04 January 2019 stand on a similar footing to that of the petitioner.
Consequently the writ petition fails and is dismissed.
Order Date :- 25.2.2019 faraz