Court No. - 36
Case :- WRIT - A No. - 10397 of 2018 Petitioner :- Sunil Kumar Respondent :- State Of U.P. And Another Counsel for Petitioner :- Akhilesh Kumar Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sunita Agarwal,J.
The petitioner is seeking a writ of mandamus commanding the respondent no.2 namely Senior Superintendent of Police, Jhansi to consider his claim for absorption in service on the post of Constable in U.P. Civil Police in the light of the judgement and order dated 16.122.2016 passed by this Court in Writ Petition Service Single 3500 of 2015 (Ali Mohammad Vs. State of U.P. & another).
It is contended that similarly situated person has approached this Court challenging the order of dismissal of his service on the ground of being suffering from colour vision. The rejection order of the claim of the petitioner therein in the medical test was set aside by this Court with the observation that no medical board was constituted by the authorities rather on the report of an Assistant Professor of K.G.M.U, the petitioner therein had been reflected. While allowing the writ petition, the matter was remitted back to the competent authority to re-consider the claim of the petitioner therein for being appointed on any post preferably within the ministerial establishment.
On the basis of this order, it is submitted that since the petitioner has also been held to suffer from colour vision to reject his claim for appointment on the post of Constable vide order dated 18.05.2014. And that as soon as the petitioner came to know about the judgement and order dated 16.12.2016 passed by this Court in the aforesaid writ petition, he has approached the competent authority by filing representation dated 03.04.2017 for considering his claim on the similar circumstance. There has been no consideration and as such, the petitioner is filing the present petition.
It is, thus, vehemently contended by learned counsel for the petitioner that the petitioner is entitled for the same relief in as much as, other similarly situated persons who had participated in the selection process of the year 2004 have been granted relief by this Court for re-consideration of their claim after fresh examination by the medical board.
Considering the submission of learned counsel for the petitioner and having perused the record, it is evident that the claim of the petitioner was considered in the light of the direction issued by this Court in the judgement and order dated 05.03.2014 in writ-A 13613 of 2014 (Sunil Kumar Vs. State of U.P. & others), to which the petitioner was party. The order dated 18.05.2014 of rejection of claim of the petitioner categorically records that the petitioner was examined by the medical board and he was found suffering from colour vision. Even otherwise, in view of the circular of the Deputy Inspector General of Police (Establishment) U.P. Police Headquarter, Allahabad dated 28.02.2014, medically unfit persons were not entitled to continue in service.
Admittedly, the order dated 18.05.2014, has not been challenged by the petitioner till date. The reference of the judgement and order dated 16.12.2016 of this Court is misconceived.
For all the above noted reasons, the present writ of mandamus is not entertainable.
Dismissed as such.
Order Date :- 24.4.2018 Himanshu