Court No. - 6
Case :- WRIT - A No. - 18980 of 2018 Petitioner :- Subhash Jaiswal Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Vijay Gautam,Pranjal Shukla Counsel for Respondent :- C.S.C.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the petitioner and the learned Standing Counsel.
This petition has been preferred seeking the following reliefs:
"(i) Issue a writ, order or direction in the nature of mandamus directing the Respondent Authorities, to conduct the Fresh Medical Examination of the petitioner, by the Medical Board, for the post of Police Constable and Constable PAC (Male) Direct Recruitment-2015, pursuant to the Advertisement dated 29.12.2015.
(ii) Issue a writ, order or direction in the nature of mandamus, commanding the Respondent Authorities, treating the petitioner as medically fit in the medical examination for the post of Police Constable and Constable PAC (Male) Direct Recruitment-2015, pursuant to the Advertisement dated 29.12.2015 and select and appoint him finally for the said post, in pursuance of the merit list, issued vide Notification dated 21.05.2018.
(iii) Issue a writ, order or direction in the nature of certiorari, quashing the Appendix- 3(3) to the Rule 15(g) of the Uttar Pradesh Police Constables and Head Constables Service Rules- 2015, issued vide Notification dated 02.12.2015, which is unreasonable and arbitrary as it does not give sufficient time to file an appeal and secondly in absence of reasoned order any appeal is empty formality thus the said provisions is arbitrary and violates Article 14 of the Constitution."
By an order of the Court dated 03.10.2018 a fresh Medical Board had been constituted. This Board has examined the petitioner and has submitted its report in a sealed cover which has been opened in Court. Upon perusal of the said report the Court notes that the findings returned by the Medical Board as well as the Appellate Medical Board have been re-affirmed and reiterated. The report is marked as 'X' for the purposes of identification.
Detailed reasons warranting dismissal of the instant writ petition have been recorded by this Court while dismissing Writ-A No. 18974 of 2018. Accordingly and following the reasons assigned therein this writ petition is also dismissed.
Order Date :- 31.10.2018 Imroz