Court No. - 42
Case :- WRIT - A No. - 9352 of 2019 Petitioner :- Sandeep Kumar Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Ajay Kumar Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
The medical examination of the petitioner conducted in the course of the recruitment proceedings for appointment as constable, found that the petitioner's height was 167cm. The measurement according to the petitioner was incorrect. The petitioner's height is 167.2cm. The police authorities found the grievance of the petitioner to be justified and the earlier measurements taken by the police authorities were held to be incorrect. By order dated 12.01.2019 a fresh physical measurements of the petitioner were directed by the respondent no. 7, Inspector (Direct Constable Recruitment-2018), Pilibhit. However, no such measurements have been taken till date. The petitioner has made a representation in this regard. The representation of the petitioner has not been decided till date.
The only prayer made by learned counsel for the petitioner is that the representation of the petitioner may be decided and the measurements of the petitioner may be taken afresh within a stipulated period of time.
Learned Standing Counsel does not seriously contest the aforesaid prayer in view of the endorsement made by the respondent no. 7, respondent no. 7, Inspector (Direct Constable Recruitment-2018), Pilibhit.
Matter is remitted to the respondent no. 2, Chairman, U.P. Police Recruitment and Promotion Board, Lucknow.
A writ of mandamus is issued commanding the respondent no. 2, Chairman, U.P. Police Recruitment and Promotion Board, Lucknow to execute the following directions:
1. The respondent no. 2 shall decide the representation of the petitioner by a reasoned and a speaking order within a period of two months from the date of receipt of a certified copy of this order along with a fresh copy of the representation. The petitioner shall submit all relevant documents in support of his case along with the representation.
2. The respondent no. 2 shall direct the competent authority to undertake the physical measurement of the height of the petitioner within a period of two months from the date of receipt of a certified copy of this order.
3. In case, the contention of the petitioner is found to be correct and the petitioner is eligible to participate in the physical tests which are the part of the recruitment process, the petitioner shall be permitted to participate in the aforesaid tests within a further period of one month.
It is clarified that this Court has not gone into the veracity of the assertions made in the writ petition nor has the claim of the petitioner been judged on merits. It is for the competent authority to do so after independent application of mind in accordance with law.
The writ petition is disposed of finally.
Order Date :- 31.5.2019 Dhananjai