Court No. - 38
Case :- WRIT - A No. - 21138 of 2019 Petitioner :- Sunil Dikshit Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Chandra Kumar,Shri Raghavendra Singh Counsel for Respondent :- C.S.C.
Hon'ble J.J. Munir,J.
Heard Sri C.K. Mishra, learned Counsel for the petitioner and Sri Sumit Kumar, learned State Law Officer appearing on behalf of the State respondents, who has produced instructions received from the Commandant, 43th Battalion, P.A.C., Etah.
The written instructions shall form part of the record.
The petitioner, who applied for the post of a Constable in the Civil Police and PAC during the recruitment of the year 2018, passed the written examination, but during medical test he failed on ground that he suffered from Knock Knee as would appear from the report of the District Medial Board, dated 13.08.2019. The petitioner appealed from the said findings and the Regional Medical Board vide their report dated 16.08.2019 have found the same disability, that is to say, ‘Knock Knee’.
Sri Sumit Kumar, learned State Law Officer has produced instructions received from the Police Selection and Promotional Board dated 18.12.2019 wherein in it has been specifically mentioned that the petitioner during the medical examination has been found to suffer from a knock knee. It has also been specifically said there that the petitioner has filed an appeal from the determination made and the Divisional Medical Board, Agra by their report dated 16.08.2019 have affirmed the finding that the petitioner suffers from a knock knee.
The Court has considered the rival submissions. The petitioner has been found medically unfit in the medical examination and further on appeal by the Divisional Medical Board. There is no scope for a third medical examination as held by a Division Bench of this Court in Special Appeal Defective No. 70 of 2016, State of U.P. and 2 Ors vs. Rahul.
In this view of the matter, there is no force in this petition. It is accordingly, dismissed. No order as to costs.
Order Date :- 20.12.2019 Anoop