Pravesh Kumar vs State Of U.P. And 5 Others
2021 Latest Caselaw 1575 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 33
 

 
Case :- WRIT - A No. - 13289 of 2020
 

 
Petitioner :- Pravesh Kumar
 
Respondent :- State Of U.P. And 5 Others
 
Counsel for Petitioner :- Rajesh Kumar Dubey
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Ashwani Kumar Mishra,J.

Following orders were passed in the matter on 5.1.2021:-

"Supplementary affidavit filed today is taken on record.

Petitioner claims to have been selected and his height was found as per the criteria laid down in the rules at the time of physical standard test. Submission is that the authorities have arbitrarily non-suited the petitioner at the stage of medical examination where his height has been found short. Reliance has been placed upon a judgment of this Court in the case of Bhanu Pratap Rajput Vs. State of U.P. and others being Writ Petition No.14195 of 2018, decided on 5.9.2018 to submit that the medical board cannot hold petitioner's height to be short once the appropriate authority as per the rules at the stage of physical standard test has already found petitioner's height above the minimum height prescribed in the rules.

Learned Standing Counsel may obtain instructions in the matter.

Put up in the additional cause list on 25.1.2021."

Learned Standing Counsel has obtained instructions from the respondent no. 2, as per which, the competent authority in the matter is the Senior Superintendent of Police.

Once this Court has already determined the procedure to be followed for correct determination of height of a candidate concerned in terms of applicable rules, then the determination by the competent authority will have to prevail.

Controversy raised in the present petition, therefore, is found to be covered by the judgment of this Court in Bhanu Pratap Rajput Vs. State of U.P. and others, being Writ Petition No.14195 of 2018, decided on 5.9.2018.

For the reasons recorded in judgment of Bhanu Pratap Rajput Vs. State of U.P. and others (supra), this writ petition is also disposed of on the same terms.

Order Date :- 25.1.2021

Ranjeet Sahu