Gagan Sharma vs State Of U.P. And 3 Others
2021 Latest Caselaw 1580 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 2
 

 
Case :- WRIT - A No. - 12672 of 2020
 

 
Petitioner :- Gagan Sharma
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Seemant Singh
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Suneet Kumar,J.

Heard learned counsel for the parties and perused the record.

The contention advanced by the learned counsel for the petitioner is that the petitioner's elbows are perfect as per the medical examination report of C.M.S. Balrampur, Lucknow, however, his candidature has come to be non suited on the basis of medical examination conducted by the respondents with regard to having excess angle in both elbow found to be not perfect as required.

Learned counsel for the petitioner placed reliance upon the judgment of this Court in the case of Ravi Prakash Yadav v. State of U.P. and others passed in Writ- A No.- 15574 of 2018 in which this Court had directed to deposit Rs.5,000/- for the said candidate to be medically examined by a Board to be constituted by the Chief Medical Officer.

In view of the direction earlier issued on 13th August, 2018 in Writ-A No.- 14726 of 2018, learned Standing Counsel has no objection if the controversy in this case is also resolved in the light of the final judgment of this Court in Writ-A No.- 15574 of 2018.

In such above view of the matter, the petitioner is directed to deposit Rs.5,000/- as a cost and will submit challan issued in respect thereof along with copy of this order to the Chief Medical Officer, Bulandshahr, who shall thereupon constitute the medical board with an Orthopedic as constituent member of the Medical Board.

Senior Superintendent of Police, Bulandshahr, shall ensure that the candidate, namely, the petitioner, who shall appear before the Medical Board, his identity is the same to the one who had appeared in the written test and had earlier appeared before the medical board constituted by the respondents.

Medical Board constituted by the Chief Medical Officer, Bulandshahr, as directed hereinabove, shall conduct the medical examination of both elbows of the petitioner and prepare the report, which shall be placed before this Court in a sealed cover on the next date fixed.

Put up this matter again on 26 February 2021 as fresh.

Let a copy of this order be supplied to learned Standing Counsel within 24 hours to necessary information to Police and Chief Medical Officer at his end.

Order Date :- 25.1.2021

S.Prakash