Court No. - 36
Case :- WRIT - A No. - 15225 of 2020 Petitioner :- Shashi Prakash Yadav Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anoop Baranwal,Pankaj Baranwal Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sunita Agarwal,J.
Heard learned counsel for the parties and perused the record.
By means of the present petition, the petitioner herein seeks for quashing of the order dated 05.04.2019 passed by the respondent no.3, the Apar Sachiv, UP Police Recruitment and Promotion Board, Lucknow.
The dispute is being raised in the present petition with regard to recruitment process which was conducted in which applications have been invited in the year 2015. The physical standard test, as per own assertion of the petitioner in the writ petition, was held on 11.05.2016 at the police line, Allahabad.
The petitioner could not qualify the physical standard test as his height was found short than the requisite standard i.e. 168 cms. There is no dispute about the fact that the height of the petitioner in the physical standard test was found as 167.8 cms and, hence, he was disqualified.
The petitioner then moved a writ petition bearing No.51226 of 2016 which was disposed of vide order dated 25.10.2016 directing the Chairman, U.P., Police Recruitment and Promotion Board, Lucknow to conduct a review examination to assess height of the petitioner.
Pursuant thereto, the petitioner was again examined and second physical standard test was conducted on 22.11.2018 wherein height of the petitioner was found to be 167.8 cms. The petitioner, therefore, was not allowed to participate in the further process of recruitment.
The result of the physical standard test held on 22.11.2018 is being challenged in the present petition with the assertion that the said result was not provided to the petitioner and it was not displayed on the notice board of the premises-in-question.
A contempt petition No.6462 of 2016 was filed by the petitioner which remained pending. It appears that the order dated 05.04.2019 came to be passed in view of the pendency of the contempt petition.
Be that as it may, it is more than evident that the petitioner had failed to qualify the second physical standard test conducted on 22.11.2018 wherein his height was found short than the minimum standards. After a period of two years from the said examination, it is not possible for the Court to take any exception to the order dated 05.04.2019, on the contention of the petitioner that the result of physical standard test was not intimated to him. Even otherwise, since the petitioner has approached this Court after a period of two years from the date of second physical standard test which was held on 22.11.2018, no consideration can be given.
The prayer of the petitioner to review the result of the second physical standard test cannot be accepted, inasmuch as, the petitioner has failed twice to qualify the same.
From all angles, the writ petition is found devoid of merits and hence, dismissed.
Order Date :- 13.1.2021 P Kesari