Sunil Kumar Yadav vs The State Of U.P. And Others
2011 Latest Caselaw 5589 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 39
 

 
Case :- WRIT - A No. - 63557 of 2011
 

 
Petitioner :- Sunil Kumar Yadav
 
Respondent :- The State Of U.P. And Others
 
Petitioner Counsel :- Saroj Yadav
 
Respondent Counsel :- C.S.C.
 

 
Hon'ble Rajes Kumar,J.

The petitioner applied for the post of Sub-Inspector. The contention of the petitioner is that for the physical standard test, the petitioner appeared on 20.9.2011. His height was found 168.9 cm. However, expansion of the chest was not upto the prescribed limit. The petitioner requested for re-test. The petitioner has been subjected to re-test on 31.10.2011. In the re-physical standard test, the petitioner's height was measured at  167.5 cm. and since the minimum height prescribed is 168 cm. the petitioner has been declared unfit.

Learned counsel for the petitioner submits that height never changes. Once it was found at 168.9 cm. it cannot be changed and the measurement on 31.10.2011 is incorrect.

Prima facie, there is substance in the argument of learned counsel for the petitioner.

At this stage, it is necessary to take note of the fact that in case where on the failure of the physical standard test, the candidate approaches this Court for re-physical standard test, this Court has declined to interfere on the ground that there is no provision for the re-physical standard test. However, in certain cases, like the present case, it is seen that the authority has permitted for the re-physical standard test. It is also seen that the results of physical standard test and medical test are not being communicated immediately after its test and the signature of the candidate is also not being taken as being taken in the case of the appointment of CRPF, BSF, etc. This gives the scope of manipulation. It appears that the arbitrary action is going on and no rigid principle of procedure of law is being followed.

In view of the above, Chairman, Uttar Pradesh Police Recruitment and Promotion Board, Lucknow is directed to look into the matter and file his reply that what is the correct position of the procedure as well as law in this regard.

Put up on Monday i.e. on 14.11.2011 as fresh.

Certified copy of this order be provided to the learned Standing Counsel for necessary communication to the Chairman, Uttar Pradesh Police Recruitment and Promotion Board, Lucknow.

Order Date :- 8.11.2011

OP