Court No. - 5
Case :- WRIT - A No. - 12850 of 2021 Petitioner :- Sonam And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Radhey Shyam Singh,Awadhesh Prasad Counsel for Respondent :- C.S.C.
Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioners and learned Standing Counsel for the State.
Petitioners by means of present writ petition have prayed for following reliefs:
"(i) Issue a writ, order or direction in the nature mandamus commanding the respondents to send the petitioners for training and joining the post of constable in U.P. Police and PAC, after treating/declaring them successful candidate for the post of the conducting medical test fairly.
(ii) Issue a writ, order or direction in the nature mandamus directing and commanding the respondents to held the fair medical examination of the petitioners."
Petitioners applied for recruitment in the post of Constable of U.P. Police and P.A.C. pursuant to notification published for recruitment on the aforesaid post. Petitioners qualified the written examination and physical efficiency test and their documents were also verified. Thereafter, they appeared for medical examination before the Medical Board but petitioners were declared medically unfit and, accordingly, they were not selected. Therefore, petitioners have prayed for aforesaid relief.
This Court vide order dated 18.10.2021 sought instructions from learned Standing Counsel. Pursuant to the order dated 18.10.2021, instructions are filed, which are taken on record.
Respondent has brought on record the medical report of the Medical Board as well as Review Medical Board which discloses that the petitioners were not found fit due to knock knee.
Learned counsel for the petitioners has relied upon the medical examination conducted by the Medical Board of I.T.B.P. for appointment of the petitioners. The Medical Board report on which the petitioners have placed reliance is of the year 2016 whereas the Medical Board constituted by the respondent no.4 has conducted the medication examination of the petitioner in the year 2020. The report of Medical Board of I.T.B.P. relied upon by the petitioner, is about four years back, there is no material on record to substantiate that in between the four years the petitioners cannot suffer any disability. Petitioners are not able to produce any evidence which indicates that the report of the Medical Board is incorrect. The controversy is covered by judgment of this Court in Writ A No. 5668 of 2021 (Ankit Kumar Vs. State of U.P. and 3 others).
In view of aforesaid facts and circumstances of the case, this Court does not find any merit in the submissions of learned counsel for the petitioners, accordingly, the writ petition is dismissed with no orders as to cost.
Order Date :- 28.10.2021 Mohit