Court No. - 36
Case :- WRIT - A No. - 12803 of 2018 Petitioner :- Yogesh Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Surendra Kumar Chaubey,Sushil Kumar Pandey Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sunita Agarwal,J.
Heard learned counsel for the parties.
The petitioner herein seeks to challenge the findings of the Medical Board in rejecting his candidature on the ground of his height being short. The submission is that the height of the petitioner was wrongly measured during the physical endurance test conducted by the respondents and on the objection taken by the petitioner in writing, in the prescribed proforma, the competent authority had refused to make correction and did not allow the petitioner to appear before the Review Medical Board.
To deal with this submission of the petitioner, suffice it to note that the petitioner had appeared in the physical test on 28.4.2016 and he was well aware of fact that his height was found short and he had been disqualified in the selection process.
Admittedly, no dispute had been raised by the petitioner in this regard and he kept silent for about two years.
The present petition has been filed on the ground that the declaration of the result has been stayed by this Court and as soon as, the result is declared in the month of May, 2018, the petitioner came to know that the marks obtained by him are higher than the cut-off marks of the relevant category.
This submission of learned counsel for the petitioner is found misconceived inasmuch as, for bringing the petitioner within the final select list, it was necessary that the petitioner should have qualified the physical test which was conducted in the year 2016. After the height of the petitioner was found short, he being excluded from the zone of consideration, cannot seek a writ of mandamus commanding the respondents to conduct a re-physical test.
As per the procedure, a candidate who is found disqualified in the physical test, can challenge the findings of the Medical Board by submitting an objection on the same date.
In case of any such objection being filed, an opportunity is provided to such candidate for being examined by the Review Medical Board or for re-measurement test.
After a period of two years, it is not possible for the Court to examine this issue.
It is further noteworthy that in the writ petitions filed before this Court, there was no stay of the selection process rather a direction was issued to the recruiting authority to finalize the entire process but it had been restrained only from declaration of the final decision.
For the above discussion, the reason given by the petitioner for explaining the latches on his part are not at all tenable.
No writ can be issued. Dismissed as such.
Order Date :- 28.5.2018 Brijesh