Pawan Kumar vs State Of U.P. And 3 Ors.
2015 Latest Caselaw 779 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 28
 

 
Case :- WRIT - A No. - 31563 of 2015
 

 
Petitioner :- Pawan Kumar
 
Respondent :- State Of U.P. And 3 Ors.
 
Counsel for Petitioner :- K.S. Kushwaha
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Ram Surat Ram (Maurya),J.

The writ petition has been filed for mandamus directing the  respondents no.3 and 4 to reconduct the medical examination of the petitioner.

The petitioner appeared for selection of the Constable in U.P. Police. The medical examination conducted by the medical board, the petitioner was found ENT part 2 defficiency. Accordingly, the selection of the petitioner was not made.

It has been stated by learned counsel for the petitioner that the petitioner has got himself examined from Dr. S.K.Saxena, MAS/(ENT), a medical practitioner at Farrukhabad, who has given a certificate to the petitioner that no defect has been seen. Therefore, the petitioner also got his medical examinatin at Government Hospital, kannauj, where also the certificate of fitness has been given to the petitioner. According to the statement of the petitioner that medical examination conducted by the medical board constituted by the police department was incorrect. He relied upon the order of this Court dated 18.4.2014 passed in Writ-A No. 1250 of 2014, Tabassum Khanam Vs. State of U.P. and others, in which this Court has directed for re  examination of the petitioner by Head of the ENT Department, King George Medical University, Lucknow.

The Standing Counsel has no objection for re-examination of the petitioner.

In such circumstances, the Chairman, U.P. Police Recruitment and Promotion Board, Lucknow may conduct the re medical examination of the petitioner from Head of the ENT Department, King George Medical University, Lucknow and if in medical examination, the petitioner is found fit then he may consider again for appointment of the petitioner accordingly.

The writ petition is disposed of accordingly.

Order Date :- 29.5.2015

Ashish Pd.