HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 40 Case :- SPECIAL APPEAL DEFECTIVE No. - 1273 of 2020 Appellant :- Ravi Rana Respondent :- State of U.P. and Another Counsel for Appellant :- Virendra Singh Chauhan Counsel for Respondent :- C.S.C. Hon'ble Munishwar Nath Bhandari,J.
Hon'ble Rohit Ranjan Agarwal,J.
Order on Exemption Application The application seeking exemption from filing certified copies of the order of the High Court is allowed.
The defect stands cured.
Let a regular number be given to this appeal.
Order on Memo of Appeal By this appeal, a challenge is made to the judgment dated 03.12.2020 passed by learned Single Judge dismissing the writ petition preferred by petitioner.
It is a case where the non-appellant invited the application for recruitment to the post of constable (Civil Police and P.A.C.). In pursuant to the advertisement of 2018, petitioner appeared in the written examination and was declared successful. He was called for physical efficiency test on 29th December, 2019. Petitioner did not appear in the physical efficiency test and thereby non-appellant proceeded with the selection and finalised the same. The petitioner thereupon preferred writ petition to challenge the action of the respondents in not providing an opportunity to appear in the physical efficiency test. It was on the ground that petitioner met with an accident on 08.01.2020, thus, was not in a position to appear in the physical efficiency test. An application to allow him to appear in the physical efficiency test was made on 16.09.2020 when petitioner alleged to became fit.
The learned Single Judge dismissed the writ petition in reference to the judgment in writ petition bearing Writ-A No. 8620 of 2020 (Sangita Baghel vs. U.P. Police Recruitment and Promotion Board and another). It was on the ground that selection having been completed, the prayer made by petitioner cannot be granted.
The judgment aforesaid has been challenged but apart from the reasons given by learned Single Judge in the impugned judgment, we find no justification on the part of the petitioner not to appear in the physical efficiency test on 29.12.2019 when admittedly he was not suffering from a facture, as the alleged accident took place in the month of January, 2020 i.e. subsequent to the date of efficiency test. The excuse taken for non-appearance in the physical efficiency test is thus not made out.
The medical certificates enclosed by the petitioner-appellant are subsequent to the date fixed for physical efficiency test, thus, apart from the reasons recorded by learned Single Judge to dismiss the writ petition, we find additional reason to dismiss the appeal and the writ petition. A candidate cannot choose to appear or not to appear in the physical efficiency test and that too when there was no justified reason for non-appearance and then ask for an opportunity for appearance in the test.
Accordingly, we find no merit in the appeal and the same is dismissed.
Order Date :- 4.1.2021 V.S.Singh