Hon'ble Prakash Padia,J.
1. Heard Sri A.K. Rai, and Smt. Subhah Rathi, learned Additional Chief Standing Counsels and Sri P.K. Ganguli, learned Standing Counsel for the State-appellant and Sri Sanjeev Singh, learned counsel for petitioners-respondent.
2. All these Special Appeals have been preferred by the State-appellant challenging the orders dated 05.09.2018, 14.11.2019, 01.10.2019, 16.09.2019, 28.11.2019, 16.09.2019, 16.09.2019, 16.09.2019, 16.09.2019, 05.09.2018, 01.10.2019 & 25.11.2019 passed in Writ Petition No.14195 of 2018 (Bhanu Pratap Rajput Vs. State of U.P. and others), Writ Petition No.16840 of 2019 (Deepak Pal Vs. State of U.P. and others), Writ Petition No.14514 of 2019 (Sumit Vs. State of U.P. and others), Writ Petition No.14079 of 2019 (Bhanu Pratap Rajput Vs. State of U.P. and others), Writ Petition No.18772 of 2019 (Sri Shyam Singh Saroj Vs. State of U.P. and others), Writ Petition No.14093 of 2019 (Sarvesh Kumar Vs. State of U.P. and others), Writ Petition No.14100 of 2019 (Kapil Babu Vs. State of U.P. and others), Writ Petition No.14084 of 2019 (Anuj Kumar Vs. State of U.P. and others), Writ Petition No.14005 of 2019 (Sunil Kumar Vs. State of U.P. and others), Writ Petition No.14077 of 2019 (Ashish Kumar Vs. State of U.P. and others), Writ Petition No.14936 of 2018 (Mahesh Chand Vs. State of U.P. and others), Writ Petition No.14866 of 2019 (Chandra Shekhar Patel Vs. State of U.P. and others) & Writ Petition No.17619 of 2019 (Udit Gangwar Vs. State of U.P. and others) respectively.
3. With the consent of learned counsel for the parties, Special Appeal No.725 of 2020 ( State Of U.P. Through Secretary, Department Of Home (Police Section) And 5 Others Vs. Bhanu Pratap Rajput) has been treated as leading Special Appeal and accordingly, orders were passed on earlier occasions.
Facts :-
4. The petitioners-respondents appeared in the examination of recruitment to the post of Constable (Male) in Civil Police and Police Armed Constabulary which was held on 29.12.2015 as per provisions of Uttar Pradesh Police Constable and Head Constable Rules, 2015 (hereinafter referred to as the "Rules 2015"). On page 1 of the impugned judgement dated 05.09.2018, the learned Single Judge briefly noted the controversy that "The Recruitment Board forwarded the list of selected candidates to the Head of Department to proceed further in the matter. "It is at this stage that petitioner has been declared medically unfit for the reason that petitioner's height and chest expansion was found to be inadequate. An appeal, preferred in that regard, was also rejected. Aggrieved by such action, petitioners has approached this Court by filing the present writ petition."
5. The writ petition was allowed by the impugned judgement passed by the learned Single Judge with the following observations/findings:-
"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."
6. Aggrieved with the aforesaid judgement of the learned Single Judge, the state appellants have filed the present special appeal.
7. The crux of the impugned judgement to allow the writ petition is that the assessment of the physical standard by the Committee constituted under the Appendix-2 to the Rules, 2015 with aid of standardized equipments, which, otherwise, attains finality under the Rules, 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.
8. We have carefully considered the submissions of learned counsels for the parties and perused the impugned judgement.
Relevant Provisions :-
9. The relevant provisions for the purposes of the controversy involved in the present Special Appeals are Rules 13, 15 and Appendix-1, Appendix-2 and Appendix-3, which are reproduced below:-
Rule 13. Physical fitness - No candidate shall be appointed to a post in the service unless he is in good mental bodily health and free from any physical defects likely to interfere with the efficient performance of his duties. Before a candidate is finally approved for appointment, he shall be required to pass an examination by a Medical Board.
Note - The Medical Board shall examine the candidate for any physical standards prescribed for height, chest and weight measurement as the case may be and deficiencies such as Knock Knee, bow-legs, flat feet, varicose veins, distant and near vision, colour blindness (total or partial), hearing test comprising of Rinne's Test, Webber's Test and tests of vertigo, speech defects etc., and such other deficiencies as may be notified by the State Government from time to time.
Rule 15. Procedure for Direct Recruitment to the post of Constable -
(a) Application Form -
(I) A candidate shall fill only one application Form. The Board will accept only online applications. The application of candidates, who fill more than one Forms, may be rejected by the Board.
(ii) The details of the information regarding educational qualification, age, minimum qualifying standards for each category of examination, including physical, medical examination etc., other important guidelines as determined by the Board from time to time shall be made available by the Board on its own website and or by other means as it deems necessary.
(iii) The application shall be invited by the Board giving the applicants adequate time for making application, the candidate shall be personally and solely responsible for its accuracy and competeness, if the Form of any candidate is found incomplete, worng or having inaccurate information, it may be cancelled and the decision of the Board in this regard shall be final.
(iv) An applicant shall certify himself his certificates and documents and be responsible for their genuineness and correctness.
(v) In the application Form the detail of identity, specific identity card number, thump and finger impression, photographs or bio-matrix details will be so included as determined by the Board from time to time.
(vi) The Head of the Department may fix an application fee for any recruitment in consultation with the Recruitment Board.
(vii) The Board shall have the right to summarily reject the candidature of an applicant for any imcompleteness or inaccuracy or variation or conflict with any previous or subsequent information submitted by the candidate.
(viii) The Government may change the number of vacancies for any recruitment at any time or stage of recruitment without assigning any reason thereof.
(b) Merit List on the basis of 10th and 12th examination results All such candidates whose application forms are found correct, shall be awarded marks on the basis of 10th and 12th examination results, or qualification equivalent thereto, as provided under clause (8) of these rules. For awarding these marks, maximum of 100 marks will be awarded on the basis of 10th standard Board examination and maximum of 200 marks will be awarded on the basis of 12th standard Board examination. The marks such awarded to them will be counted upto second digit after decimal point and will be awarded to them will be counted upto second digit after decimal point and will be awarded as per following procedure -
(1) Marks awarded on the basis of 10th examination result = percentage of mrks obtained by the candidate in 10th standard Board or examination equivalent thereto.
(2) Marks awarded on the basis of 12th examination result = 2 x percentage of marks obtained by candidate in 12th standard Board or examination equivalent thereto.
If any examination Board, awards grades in place of marks to the candidates, in above mentioned 10th and 12th examination, then Board shall proceed only after taking information from concerned examination Board, regarding marks to be awarded equivalent to corresponding grades. Candidates shall be awarded total marks on the basis of such total marks awarded to them on the basis of 10th class examination results and marks awarded to them on the basis of 12th class examination results, as above. All candidates will be awarded total marks as per sum total of marks awarded as above, out of a maximum of 300 marks and a list in the order or merit will be prepared on the basis of these total awarded marks. Out of the merit list such prepared, candidates equal to 15 times the number of total vacancies, on the basis of merit shall be called for Physical Efficiency Test. If more than one candidates are found on the marks obtained by the last candidate in the merit list then all such candidates shall be considered eligible for physical Efficiency Test.
(c) Physical Efficiency Test All candidates declared eligible in the merit list under clause (b) shall be required to participate in Physical Efficiency Test which shall be of 200 marks. The procedure for conducting the Physical Efficiency Test shall be as prescribed in Appendix-1.
(d) Scrutiny of Documents & Physical Standard Test -
The scrutiny of documents & Physical Standard Test of candidates selected under clause (c) mentioned above shall be done according to Appendix-2. In case any document is found to be manipulated, inaccurate or forged during the scrutiny or at any time after the scrutiny, the candidature of the applicant will be cancelled at the discretion of the Board or the Appointing authority as the case may be.
(e) Selection and Final Merit List -
From amongst the candidates found successful after Physical Standards Test and scrutiny of documents under clause (d), the Board shall prepare, as per the vacancies, a select list of each category of candidates, on the basis of sum total of, marks awarded to each candidate on the basis of 10th and 12th examination results as per clause (b) and marks obtained by him in physical efficiency test as pre clause (c), keeping in view the conservator policy and send it with recommendation to the head of the department subject to character verification, medical examination and 10th and 12 examination mark sheet verification. No waiting list shall be prepared by the Board. List of all candidates with marks obtained by each candidate shall be uploaded on its website by the Board. The Head of the Department shall after his approval forward the list sent by the Board to the concerned Authority for further action.
Note - If two or more than two candidates obtain equal marks the merit list shall be decided according to the following procedure -
(1) If marks of two, or more candidates are equal then candidate obtaining higher marks, as per total marks awarded in clause (b), will be given preference.
(2) If two or more candidates are equal even after this the candidates who have the preferential qualification (in the same order as stated in Rule 9) will be given preference. Candidate having more than one preferential qualification shall get the benefit of only one preferential qualification.
(3) Even then if two or more candidates have equal marks then candidates older in age shall be given preference.
(4) If despite the aforementioned more than one candidates are equal, then preference to such candidate shall be determined according to the order in English Alphabets of their names mentioned in High School Certificate.
(f) Verification of 10th and 12th examination marks sheets While preparing the final select list, the Board will send for verifications to the concerned Education Board, the 10th and 12th class mark sheets of all candidates included in the select list. As and when their verification reports from concerned Education Boards are received, the Board will send them separately to Police Headquarter later on, who will subsequently send it to the Appointing Authority for necessary action. If as per report sent by the concerned Educations Board, the 10th and 12 examination marks sheets of any candidate,is not verified, then such candidate shall be declared unfit by the Appointing Authority and such vacancies shall be carried forward for new selection.
(g) Medical Examination The candidates whose name are in the select list sent as per clause (e), will be required to appear for Medical Examination by the Appointing authority. Medical Examination will be conducted in the Police Line of the concerned District or at the place mentioned by the Appointing authority. Medical Examination will be conducted as per Appendix-3 The candidate found unsuccessful in Medical Examination shall be declared unfit by the Appointing authority and such vacancies shall be carried forward for new selection."
APPENDIX-I [See Rule 15 (c)] Physical Efficiency Test for direct recruitment
1. The Physical Efficiency Test will be conducted by a team formed by the Board which shall have the following members -
(i) Sub Divisional Magistrate nominated by the District Magistrate of he District concerned;
(ii) Medical Officer nominated by the Chief Medical Officer of the District concerned;
(iii) Deputy Superintendent of Police nominated by Senior Superintendent of Police/Superintendent of Police.
Where according to the prevalent Government Orders representation of Scheduled Castes/Scheduled Tribes, Other Backward classes. Minority or any other category whose representation is necessary in the above team, the Board shall keep additional officers nominated by the District Superintendent of Police to ensure their representation. Such nominated officers shall not be below the ranks of Inspector in police department.
The said team may take the help of any other expert for conducting the examination.
2. In the physical efficiency test for direct recruitment of constables, the male candidates will have to complete 4.8 Km. (Kilometre) run in 27 minutes and female candidates will have to complete 2.4 Km. (Kilometre) run in 16 minutes. Those candidates who fail to complete the run in stipulated time will not be eligible for next stage.
The allotment of the marks will be according to time taken by the candidates within the above stipulated time, for which there shall be a maximum of 200 marks and minimum of 120 marks.
For male candidates maximum of 200 marks will be awarded to those, who complete the 4.8 Km run in 17 minutes or time less than that. After that male candidates completing the run in more than 17 minutes and upto 17 minutes 15 seconds, will be awarded 198 marks, male candidates completing the run in more than 17 minutes 15 seconds and upto 17 minutes 30 seconds will be awarded 196 marks. Likewise in the increasing order of time as above, 2 marks shall be deducted every time from the marks to be awarded to male candidates for every 15 seconds increase in time interval. Likewise, serially as per above prescribed norms, all male candidates completing the run in more than 26 minutes 30 seconds and upto 26 minutes 45 seconds shall be awarded 122 marks and all male candidates completing the run in more than 26 minutes 45 seconds and upto 27 minutes will be awarded 120 marks, minimum prescribed for this run, and all those male candidates who complete the 4.8 Km. run in more than 27 minutes shall be declared unfit for selection.
For female candidates maximum of 200 marks will be awarded to those, who complete the 2.4 Km. run in 11 minutes or time less than that. After that female candidates completing the run in more than 11 minutes and upto 11 minutes 15 seconds, will be awarded 196 marks, female candidates completing the run in more than 11 minutes 15 seconds and upto 11 minutes 30 seconds will be awarded 192 marks. Likewise in the increasing order of time as above, 4 marks shall be deducted every time from the marks to be awarded to female candidates for every 15 seconds increase in time interval. Likewise, serially as per above prescribed norms, all female candidates completing the run in more than 15 minutes 30 second and upto 15 minutes 45 seconds shall be awarded 124 marks and all female candidates completing the run in more than 15 minutes 45 seconds and upto 16 minutes will be awarded 120 marks, minimum prescribed for his run, and all those male candidates who complete the 2.4 Km. run in more than 16 minutes shall be declared unfit for selection.
The detailed table for Physical Efficiency Test, indicating marks to be awarded for different timings as above, separately for male and female candidates, shall be displayed by Board on its website.
3. Manual timing shall not be permitted to be used by the team. Standardised Electronic Timing Equipment alongwith CCTV coverage and biometrics with adquate backup will be used to ensure accuracy, transparency and avoid impersonation.
4. The team shall follow the process laid down as under -
(a) the number of candidates to be tested per day shall be determined by the Board and decided depending on the total numbers to be tested and prevailing conditions.
(b) The information regarding minimum standards of physical efficiency of qualification and table indicating marks for different timing for physical efficiency test as given in para 2 of this appendix, shall be displayed on the notice board at the venue of the test.
(c) The result of this test will be displayed on the notice board at the end of the day, at the venue of the Test and if possible, will be uploaded on the Board's website as soon as possible.
(d) The members of the organizational team including testing agency if any who willfully commit an act which is wrong or omit to perform an act and which causes an unfair advantage or disadvantage to any candidate may be liable to Criminal proceedings or Department proceedings.
(e) The result of the Physical Efficiency Test will be made available to the candidates on the same day. The list of the successful candidates will be declared under the joint signature of the members of the team.
(f) The outdoor test shall be such that the results are capable of being measured and recorded mechanically without manual intervention. Only standardized equipments preferably having Bureau of Indian Standards certificate shall be used for Physical Efficiency Test.
(g) Candidates will be expected to appear on the date and time assigned to them. For reasons beyond their control and to be recorded in writing, the date and time of the test may be changed by the board for a group of candidates to be tested at a particular time.
(h) The list of successful and unsuccessful candidates shall be declared by the collective signatures of members of the team.
(i) If a candidate fails to appear in the examination on the scheduled date and time, then he can give application to the committee formed for conducting the test in concerned district, giving reasons in detail for absence and requesting to appear in the examination on some other date. The committee, after considering his application, may decide and allow him to appear for test on some other date. The candidate will be given only one chance in this regard and if he fails to appear in the examination on rescheduled date and time, he shall be considered unsuccessful. The candidates may give this application, before the last date fixed for this test, by the Board. No application will be accepted after the last date. The committee shall inform the Board about all such cases where the date and time of the test has been rescheduled.
(j) A candidate who fails for not achieving the prescribed standards in the examination, shall not be given another chance and no appeal shall lie for a retest for reasons of health and any other ground whatsoever.
Note-- Individual privacy will be respected in all video records and the record will be kept in safe custody and will be made available to a court of law when summoned by it, or to an officer with the permission of the Board.
Appendix-2 Scrutiny of the Documents
1. Candidates will be summoned with relevant documents with regard to eligibility, relaxation, preferential qualifications, etc., for scrutiny thereof to be carried out by a committee which will consist of following members:-
(a) A Deputy Collector nominated by the District Magistrate of the District will be the Chairman;
(b) a Deputy Superintendent of Police nominated by the Senior Superintendent of Police/Superintendent of Police of the district;
(c) District Inspector of Schools (D.I.O.S.) or Basic Siksha Adhikari (B.S.A) or any other gazetted officer of the education department by the District Magistrate.
Where according to the prevalent Government Orders representation of Scheduled Castes/Scheduled Tribes, Other Backward Classes, Minority or any other category whose representation is necessary in the said committee, the Board shall keep additional officers nominated by the District Superintendent of Police to ensure their representation. Such nominated officers shall not be below the ranks of Inspector in police department.
2. Original documents shall be checked as per the information provided in the application form.
3. During scrutiny of documents on being referred by any committee because of any doubt or any being brought directly in its notice, the Board can issue directions in this regard. The directions issued by the Board, shall be final.
"Physical Standard Test The above mentioned committee can take help of any Government employee for conducting Physical Standard Test.
1. Minimum Physical Standards for male candidates are as follows -
(a) Height -
For the candidates belonging to General/Other Backward classes and Scheduled Castes minimum chest measurement should be 79 centimetres without expansion and at least 84 centimetres with expansion and for the Scheduled Tribes 77 centimetres without expansion and not less than 82 centimetres on expansion.
Note - Minimum 5 centimetres chest expansion is essential.
2. Minimum Physical Standards for female candidates are as follows -
(a) Height -
(one) for General/Other Backward classes and Scheduled Castes female candidates minimum height should be 152 centimetre.
(two) for Scheduled Tribes female candidates minimum height should be 147 centimetre.
(b) Weight -
Minimum 40 Kg. for female candidates.
3. The minimum physical standards for qualifying for each test shall be displayed very prominently on Notice Boards in thevenue of examination before conducting the examination.
4. Only standardized equipments having Bureau of Indian Standards certification or duly certified by the Director of Weights and Measures are to be used for physical standards test examination."
5. if any candidate is not satisfied with his Physical Standard Test, he/she may file an objection on the same day after the test. For clearing all such objection; the Board shall nominate one Additional Superintendent of Police at every place and Physical Standard Test of all such candidates will be conducted again by the committee in the presence of above nominated Additional Superintendent of Police. All those candidates who are again found unsuccessful in the Physical Standard Test, will be declared unfit and no further appeal will be entertained in this regard.
General Instructions (1) Candidates will be expected to appear on the date and time assigned to them. For reasons beyond their control and to be recorded in writing, the date and time of the test may be changed by the Board for a group of candidates to be tested at a particular time.
(2) If a candidate fails to appear in the examination on the scheduled date and time, then he/she can give application to the committee formed for conducting the test in concerned district, giving reasons in detail for absence and requesting to appear in the examination on some other date. The committee, after considering his/her application, can decide and may allow him/her to appear for test on some other date. The candidate will be given only one chance in this regard and if he/she fails to appear in the examination on rescheduled date and time, he/she shall be considered unsuccessful. The candidates may give application before the last date fixed for this test, by the Board. No application will be accepted after the last day. The committee shall inform the Board about all such cases where the date and time of the test has been rescheduled.
(3) A candidate who fail for not achieving the prescribed standards in the examination, shall not be given another chance and no appeal shall lie for a retest for reasons of health and any other ground whatever.
(4) The candidate will be informed about result of Scrutiny of Documents and Physical Standards Test.
APPENDIX-3 [See rule 15(g)] Medical Examination for direct recruitment The appointing authority will request the Chief Medical Officer of the concerned District to constitute Medical Board for conducting Medical Examination. The Medical Board will consist of three Doctors, who will conduct Medical Examination as per "Police Recruitment Medical Examination Forms" as prescribed and codified by Head of Department in consultation with Director General of Medical Examination. Medical Board may take services of any expert as per requirements.
(1) The doctors will examine the candidates in accordance with the Medical Manual, if any, and announce the result on the day of the Medical Examination.
(2) The result of the Medical Examination will be displayed on the notice board outside the premises at the end of the day.
(3) Any candidate not satisfied by his Medical Examination, may file an appeal on the day of examination itself. Any appeal in regard to Medical Examination will not be considered if the candidate fails to file appeal on the date of Medical Examination and declaration of its result itself. The appeal should be disposed of by the Medical Board, constituted for the same purpose within two weeks of the appeal being filed. The Medical Board constituted for appeal shall have expert regarding Medical deficiency of the applicant.
(4) The members of the Medical Board who are found to give wrong report wilfully will be liable for criminal proceedings.
(5) The Medical Examination is only qualifying in nature and it has no effect on the merit list.
Note:- The Medical Board will examine the candidates and their deficiencies such as knock knee, bow legs, flat feet, varicose veins, distant and near vision, colour blindness, hearing test comprising of Rinne's Test, Webber's Test and Tests for vertigo etc. as notified by the government from time to time. The Medical Board may get conducted other examinations after obtaining opinion of experts.
Discussions & Findings
10. From the Scheme of the Rules for the recruitment of Police Constable, as reproduced in the afore-quoted order dated 21.01.2021, it is evident that Rule 15(a) provides the procedure for filing of application for recruitment and matters relating thereto. Rule 15(b) provides for preparation of merit list on the basis of 10th and 12th examination result of candidates. Rule 15(c) provides for physical efficiency test as per procedure prescribed in Appendix-1. Rule 15(d) provides for scrutiny of documents and physical standard test in accordance with Appendix-2. Rule 15(e) provides for preparation of select list on the basis of sum total of marks awarded to each candidate on the basis of 10th and 12th examination results as per Clause (b) and marks obtained by him in physical efficiency test as per Clause (c).
11. Thereafter, the second phase starts. As per Rule 15(f), the verification of 10th and 12th examination mark-sheets of the candidates falling into select list, is done by the Board. As per Rule 15(g), the candidates falling in select list under Sub Rule (e) will be required to appear for medical examination board which will be conducted as per Appendix-3 in Police Lines of the concerned Districts or at a place of mentioned by the appointing authority. The candidate found unsuccessful in Medical Examination shall be declared unfit by the appointing authority as per Rule 13 of the Rules, 2015.
12. Perusal of the Appendix-2 under Rule 15(d) of the Rules, 2015 shows that scrutiny of documents and physical standard test shall be conducted by a Committee which consists of following members:-
(a) A Deputy Collector nominated by the District Magistrate of the District will be the Chairman;
(b) a Deputy Superintendent of Police nominated by the Senior Superintendent of Police/Superintendent of Police of the district;
(c) District Inspector of Schools (D.I.O.S.) or Basic Siksha Adhikari (B.S.A) or any other gazetted officer of the education department by the District Magistrate.
13. The physical test under Appendix-2 (referable to Rule 15(d)) shall be conducted by the aforesaid committee which has also been authorized to scrutinize the documents. This is a Committee of non-experts in the field of medical science. At the stage of physical standard test and scrutiny of documents under Rule 15(d), the number of candidates seems to be very high. After the select list is prepared under Rule 15(e), the candidates stand shortlisted and a lesser number of candidates as per merit are included in the select list. Now thereafter, verification of educational certificate/mark-sheet under Rule 15(f) and medical examination by the Medical Board under Rule 15(g) starts.
14. We have also perused the pleadings in the writ petition and we find that there is no allegation in the writ petition that Medical Board has not examined the candidates as per medical manual.
15. Rule 15(g) of the Rules, 2015 contains a provision of appeal. The prescribed form of medical examination as provided in Appendix-3 has been filed today by the State Appellants by means of a supplementary affidavit dated 05.01.2021 which has been taken on record, would show that a format is also provided for appeal. The candidates/petitioners after having being found unfit in the medical examination by the Medical Board under Rule 15(g) read with Appendix-3, have preferred the appeals and their appeals were rejected by another Medical Board consisting of senior medical officers/experts.
16. The medical examination by the Medical Board consisting of medical experts under Rule 15(g) cannot be said to be inferior to the physical standard test conducted by a team of non-experts. Therefore, we find that the finding recorded by the learned Single Judge in the impugned judgment that the assessment of physical standard by the committee constituted under Appendix-2 to the Rules, 2015 is liable to be preferred over the determination made by the Medical Board in terms of the Appendix-3, is not sustainable. Opinion of a committee of non-experts under Rule 15(d) for physical test of a candidate cannot override the opinion of the team of experts, i.e. Medical Board under Rule 15(g) of the Rules.
17. In view of the above discussions, the impugned orders passed by the learned Single Judge are quashed.
18. On 21.01.2021, we passed a detail order in which we also noted the submissions of learned counsels for the parties. Paragraphs 14, 15, 16 and 17 of the order dated 21.01.2021, is reproduced below:-
14. Now learned counsel for the petitioners/respondents submits that since large number of candidates were examined by the appellate Medical Board on the same day, therefore, the chances of error cannot be ruled out and, therefore, an opportunity may be afforded to the petitioners-respondents to again appear before the appellate Medical Board and their height and chest measurement may again be done. The submission is that since some of the petitioners have been allowed to join pursuant to the impugned judgement passed by the learned Single Judge and petitioners are ready to bear the cost of medical examination, therefore, one opportunity may be afforded to meet the ends of justice. If in such medical examination, the petitioners are found to have the height and chest as per standard, then, they would continue in the service and in the event, they are still found unfit, then they shall have no grievance. In support of his submission, learned counsel for the petitioners-respondentshas relied upon a recent judgement and order dated 23.11.2020 passed in Special Appeal (Defective) No.679 of 2020 (State of U.P. & 2 others Vs. Rahul Kumar) which is reproduced below:-
"Heard Sri Manish Goyal, learned Additional Advocate General for the appellants and Sri Irfan Ahmad, Advocate for the respondent-petitioner.
The respondent-petitioner as per the Advertisement No.P.R.P.B.-I-I(138)/2018 had appeared in the written examination and thereafter had appeared for the physical standard verification and was found to be lesser than 168 centimeters in height. However, since he was confident that he was above 168 centimeters in height and that a wrong measurement had been done, he filed a writ petition being Writ-A No.1454 of 2020 (Rahul Kumar vs. State of U.P. & Ors.) wherein the following order was passed on 4.2.2020 :-
"Heard counsel for the petitioner, learned Standing Counsel for the State and perused the material on record.
In the present petition, similar controversy as in Writ A No.1375 of 2020 arises. The contention of the learned counsel for the petitioner is that the height of the petitioner was above the prescribed height limit of 168 centimeters, however, he has been denied only on erroneous computation of the height of the petitioner. The petitioner claims that he has certificates issued by the Medical Authorities to establish that his height is above the prescribed limit of 168 centimeters.
In view of the contrary reports, I deem it appropriate to direct that the petitioner shall appear along with certified copy of this order before the Chief Medical Officer, Bulandshahar on 17.02.2020. The petitioner shall deposit a sum of Rs. 5,000/- as cost with Chief Medical Officer, Bulandshahar, the Chief Medical Officer, Bulandshahar is directed to constitute a Medical Board constituting of three Doctors of the level of Professor and Associate Professor available at the local District Hospital. The C.M.O. shall also inform the S.S.P. of the District, who shall depute an officer of the rank of Additional Superintendent of Police to remain present before the Board on 17.02.2020. The petitioner shall also produce materials in support of his identity before the Medical Board. The petitioner shall appear before the Medical Board on 17.02.2020 and he would be medically examined with regard to his height by the Board of three doctors. The report signed by the Chairman of the Board would be sent through the Chief Medical Officer, Bulandshahar before this Court on or before 26.2.2020. This report would constitute the basis for the Court to determine as to whether the report of the Medical Board and the Appellate Medical Board is liable to be questioned or not?
Post this matter in the additional cause list on 26.2.2020 before the appropriate Court.
The matter shall not be treated as tied-up or part heard to this Court."
Thereafter, on 26.2.2020, the result of the re-measurement, as per the order dated 4.2.2020, was sent to the Court and it was found that the petitioner was above 168 centimeters in height. The writ petition on the basis of the communication was allowed.
The order dated 26.2.2020 passed by the learned Single Bench by which the writ petition being Writ-A No.1454 of 2020 was allowed, was challenged by means of the instant Special Appeal and it has been argued that the learned Single Bench exceeded its jurisdiction when it directed the Board to re-measure the petitioner's height at Bulandshahar. It has also been argued by the learned Additional Advocate General Sri Manish Goyal assisted by Ms. Akanksha Sharma, Advocate that when an Act provides for the measurement after the written examination only once then the Court could not have got re-measurement done. He has further argued that the procedure when was given out in the advertisement that the measurement would be done at the place where the petitioner had appeared in the examination, then the measurement should have been got done at Moradabad and not at Bulandshahar. He further submitted that when a procedure has been prescribed to do a particular thing in a particular manner, then there could be no deviation.
Learned counsel for the respondent-petitioner, however, submitted that when now the measurement had been done and it had been found that the petitioner was above 168 centimeters in height, then no further interference was warranted.
Having heard the learned counsel for the parties and after having gone through the records, this Court is of the view that even though there was nothing wrong in the re-measurement with regard to the height of the petitioner as it cleared the doubt which was in the mind of the candidate but that doubt could always have been cleared by repeating the measurement at Moradabad itself and the Board should not have been re-constituted at Bulandshahar.
Under such circumstances, the order of the learned Single Bench dated 26.2.2020 is modified to the extent that re-measurement may be done at the very same place where the earlier measurement had been done and for this purpose the Board, as had been constituted by the learned Single Judge, would remain the same but with the Doctors and Police personnel would be of Moradabad.
The Special Appeal is, accordingly, disposed of."
15. Learned Additional Chief Standing Counsel for the appellant now submits that he shall seek instructions from the appellants/competent authority for re-examination of the petitioners-respondents in the light of the afore-quoted judgement and order passed in the case of Rahul Kumar (supra).
16. By order dated 16.12.2020, this Court directed learned Additional Chief Standing Counsel to produce Police Recruitment Medical Examination Form and Medical Manual but the Medical Manual has not been produced.
17. Put up in the additional cause list along with other connected Special Appeals on 08.02.2021 at 2:00 p.m. The learned Additional Chief Standing Counsel shall produce Medical Manual."
19. Pursuant to the afore-quoted order dated 21.01.2021, learned Additional Chief Standing Counsel has produced before us a copy of Chapter VI of the U.P. Medical Manual and states on instructions that the appellants have instructed that they have no objection if this court directs for re-measurement of height and chest of the petitioners-respondents by a Medical Board as per provisions of Rule 15 (g) of the Uttar Pradesh Police Constable and Head Constable Rules, 2015, provided it may not be made precedent.
20. Considering the statement given by the learned Additional Chief Standing Counsel as above noted, we dispose of all these special appeals with a direction to the appellant No.2 to carry out again measurement of height and chest of the petitioners-respondents by a Medical Board as provided under Rule 15(g) of the Rules, 2015 read with Appendix 3.
21. It is made clear that we have issued the above direction with the consent of the State-appellants on the basis of the statement made by the learned Additional Chief Standing Counsel as afore-noted. Therefore, this order, to the extent of direction for re-measurement of height and chest; shall not be treated as precedent. The entire exercise shall be completed by the Appellant No.2 namely U.P. Police Recruitment and Promotion Board, expeditiously, preferably within a period of two months from the date of production of self attested computer generated copy of this order downloaded from the official website of the High Court Allahabad by the petitioners-respondents before appellant No.2.
22. With the aforesaid directions, all these Special Appeals are disposed off.
Order date:- 08.02.2021 saqlain