Prakash Bharti vs State Of U.P. Thru Prin.Secy.Home ...
2019 Latest Caselaw 413 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 23
 
Case :- SERVICE SINGLE No. - 6255 of 2019
 
Petitioner :- Prakash Bharti
 
Respondent :- State Of U.P. Thru Prin.Secy.Home Lucknow And Ors.
 
Counsel for Petitioner :- Deepak Singh
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Rajesh Singh Chauhan,J.

Heard Sri Dipak Singh, learned counsel for the petitioner.

Notices on behalf of opposite parties have been accepted by the office of the learned Chief Standing Counsel.

Learned counsel for the petitioner has submitted that on account of Jaundice the petitioner however has appeared in the Physical Examination Test for the post of Sub-Inspector in Civil Police, but he could not qualify the same.

Learned counsel for the petitioner has also submitted that in an identical circumstances, this Court in Writ-A No.15360 of 2018; Ashif Ali vs. State of U.P. and others, passed an order dated 30.08.2018 directing the State Authorities to conduct a fresh physical efficiency test of that petitioner.

Learned counsel for the petitioner has drawn attention of this Court towards order dated 26.04.2017 passed by this Court in Writ Petition No.15721 (S/S) of 2016; Vineet Kumar Mishra vs. State of U.P. & others, wherein the petitioner of that writ petition could not appear in the physical examination test on account of Jaundice and this Court while disposing of the said writ petition directed the State-respondents to conduct a fresh Physical Examination Test of that petitioner.

On the strength of the aforesaid orders, the petitioner has submitted that he was also suffering from Jaundice when the physical examination test was conducted and he has enclosed the medical prescription and medical certificate issued by the Medical Officer concerned as Annexure No.2 to the writ petition. Therefore, he has prayed that extending the benefits of the aforesaid orders, he may also be permitted to re-appear in the physical examination test for the reason that on account of Jaundice he could not give his best.

It has also been submitted by learned counsel for the petitioner that presently the physical condition of the petitioner is good and he is able to appear in the Physical Examination Test if the authorities permit the petitioner to do so.

Sri Ran Vijay Singh, learned Additional Chief Standing Counsel prays for and is granted a week's time to seek instructions in the matter, more particularly, on the point as to whether in the given circumstances the petitioner may be permitted for Physical Examination Test.

List this petition on 12.03.2019 as fresh.

Order Date :- 5.3.2019

Suresh/

[Rajesh Singh Chauhan,J.]