Court No. - 36
Case :- WRIT - A No. - 18772 of 2019 Petitioner :- Sri Shyam Singh Saroj Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Daksha Yadav Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents.
Petitioner is before this for a writ, order or direction in the nature of mandamus directing the respondent Nos. 2 and 3 to take further measure measurement regarding the height of the petitioner and a chance may be provided to the petitioner in the recruitment in question.
Bare perusal of the record in question, it transpires that petitioner was called for medical examination, which event arises only after a candidate has cleared the physical standard test and document verification. In view of the law laid down by this Court in Writ Petition No.14195 of 2018 (Bhanu Pratap Rajput Vs. State of U.P. And 5 Others), decided on 5.9.2018, a candidate who has already been declared to be possessing the requisite height as per rules cannot subsequently be eliminated from the zone of consideration on the ground that his height and chest is short. The operative portion of the order in Bhanu Pratap Rajput (supra) is reproduced hereinafter:-
"The argument of Shri Manish Goyal that a Doctor, on account of his skill, can better determine the physical standards of a candidate, i.e., height, chest and weight, even in the absence of standardized equipments, cannot be accepted. It is, otherwise, not in issue that no such standardized equipments were, in fact, provided to the medical board at the time of medical examination. The assessment of physical standard of a candidate by use of standardized equipments, having Bureau of Indian Standards certification or duly certified by the Director of Weights and Measures in terms of clause (4) of Appendix - 2, is entitled to greater weight, then an assessment of physical standard by the medical board in absence of such standardized equipments. Assessment of physical standard by the Committee constituted under Appendix - 2 to the Rules of 2015 with aid of standardized equipments, which, otherwise, attains finality under the Rules, therefore, is liable to be preferred over the determination made by the medical board in terms of Appendix - 3, which had no standardized equipments provided to it for the purposes.
In view of the aforesaid discussions, the inescapable conclusion is that the respondents were not justified in declaring the petitioner to be medically unfit on the ground that he does not possess physical standard specified in Appendix - 2, even after a declaration by the competent authority in terms of Appendix - 2 that petitioner possesses physical standards as prescribed in the Rules. The report of the medical board, to the extent it declares the petitioner to be short in height and having incomplete chest expansion, stands quashed. Since the medical board has, otherwise, not found the petitioner to be suffering from any deficiency and petitioner possesses physical standards specified in the Rules, as such, he is entitled to be considered for appointment to the post of Constable.
The writ petition succeeds and is allowed."
In view of the law laid down by this Court in the case of Bhanu Pratap Rajput (supra), the petitioner cannot be non-suited only on the ground that his height has been found short at the stage of medical examination. The action of respondents in denying consideration to his claim, therefore, cannot be sustained. The writ petition stands disposed of.
The respondents are directed to consider petitioner's candidature for appointment to the post of Sub-Inspector and his claim would not be ignored merely on the ground that his height has fallen short at the stage of medical examination. The required consideration would be made within a period of six weeks from the date of presentation of a certified copy of this order.
Order Date :- 28.11.2019 Jaswant