Allahabad High Court
Sandarbh Shekhar vs State Of U.P. And 7 Others on 1 August, 2019
Bench: Govind Mathur, Chief Justice, Vivek Varma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Chief Justice's Court
Case :- SPECIAL APPEAL DEFECTIVE No. - 632 of 2019
Appellant :- Sandarbh Shekhar
Respondent :- State Of U.P. And 7 Others
Counsel for Appellant :- Arvind Kumar
Counsel for Respondent :- C.S.C.
Hon'ble Govind Mathur,Chief Justice
Hon'ble Vivek Varma,J.
Order on Civil Misc. (Delay Condonation) Application No. 2 of 2019
This appeal is barred by limitation from 106 days.
Having considered the facts stated in the application seeking condonation of delay, we are satisfied that the appellant had justifiable reason to state that for a bonafide reason, he was prevented from filing the appeal in time, accordingly, the delay in filing the appeal is condoned.
Order on Special Appeal
This special appeal is before us to examine correctness of the order dated 25th February, 2019 passed by learned Single Bench in Writ-A No. 2957 of 2019.
In brief factual matrix of the case is that while undergoing training program pertaining to the post of Sub-Inspector, after regular selection, the appellant-petitioner was medically examined at the training centre and in opinion of the Medical Board, he was suffering from 'Knock Knee'. On basis of the defect aforesaid, the appellant was declared medically unfit. An order in that regard was passed by the Additional Director, Medical Health & Family Welfare, Moradabad Division, Moradabad on 26th December, 2018. From perusal of the order dated 26th December, 2018, it reveals that at least 13 persons including the present appellant were found unfit for one or other reason. While declaring such persons unfit, the Additional Director observed that the process to have second opinion is to be made at the level of the Superintendent of Police, Dr. B.R. Ambedkar Police Academy, Moradabad Division, Moradabad. The Superintendent of Police in turn sought second opinion from the Director General, State Medical Board, Medical and Health Directorate, U.P. Lucknow. It has reiterated the same by a letter to have second opinion.
The appellant-petitioner approached this Court by way of filing a petition for writ and that came to be dismissed under the order dated 25th February, 2019. The case of the appellant is that certain other persons similarly situated also preferred a petition for writ wherein directions were given to have medical opinion after getting them medically examined. Learned Single Bench distinguished the case of the other persons by arriving at a conclusion that the order passed relating to other persons was passed by the Superintendent of Police of a separate training academy and not by the Superintendent of Police (Training) of the Academy at Moradabad. On asking, it is submitted and asserted by the counsel for the appellant that the persons who approached this Court by way of filing a petition for writ earlier are also among the 13 persons declared unfit under the order dated 26th December, 2018, may those be kept for training at some other places and as such, the distinction made by learned Single Bench is not justifiable.
Having considered all the relevant facts and on going through the order dated 26th December, 2018, it is apparent that certain police personnels were medically examined at the level of Additional Director, Medical Health & Family Welfare, Moradabad Division, Moradabad and they were not found fit. The Additional Director left it open for the Superintendent of Police, training institute concerned, to have second opinion from among the 13 persons referred in the order dated 26th December, 2018. Some approached this Court and a direction was given for having second opinion by the State Level Medical Board. We are of the considered opinion that all the 13 persons though may be under training at different institutes forms a common class, being examined medically at one point of time and also being in the same service though having training at different service, no discrimination could have been made among the similarly situated persons. Learned Single Bench as such erred while not treating appellant-petitioner at the same pedestal vis-a-vis the other persons who were ordered to be subjected to medical fitness test at the state level through State Level Medical Board.
In view of whatever stated above, this appeal deserves acceptance. Hence, is allowed.
The order passed by learned Single Bench is set aside. The writ petition bearing Writ-A No. 2957 of 2019 is allowed. The respondents are directed to constitute the State Level Medical Board and communicate the constitution of such Board within a period of three weeks from today to the respondents. The Director, Dr. B. R. Ambedkar Police Academy, Moradabad, in turn, make necessary arrangements for medical fitness test of the appellant-petitioner at the earliest.
Order Date :- 1.8.2019
VMA
(Vivek Varma, J.) (Govind Mathur, C.J.)
