Shashi Prakash Yadav vs The State Of U.P. And 2 Others
2021 Latest Caselaw 6979 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 29
 

 
Case :- SPECIAL APPEAL DEFECTIVE No. - 409 of 2021
 

 
Appellant :- Shashi Prakash Yadav
 
Respondent :- The State Of U.P. And 2 Others
 
Counsel for Appellant :- Pankaj Baranwal,Priti Baranwal
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Munishwar Nath Bhandari,Acting Chief Justice
 
Hon'ble Rajendra Kumar-IV,J.

Order on Exemption Application

The application seeking exemption from filing certified copy of the judgment dated 13.01.2021 passed by this Court is allowed.

The defect stands cured.

Order on Memo of Appeal

This special appeal has been preferred against the judgment dated 13.01.2021 passed by learned Single Judge whereby petition preferred by the petitioner has been dismissed.

The appellant is one who appeared in the Uttar Pradesh Police Recruitment and was called for the physical test. In the physical test, he was found short in height as the required height to qualify the physical test was 168 cms. The petitioner remained dissatisfied with it, thus preferred a writ petition bearing No. 51226 of 2016 where on 25.10.2016, a direction was given to the Uttar Pradesh Police Recruitment and Promotion Board to conduct review physical test of the petitioner to ascertain his height. Pursuant to the judgment dated 25.10.2016, the petitioner was again examined on second occasion on 22.11.2018 to ascertain his height. It was recorded to be 167.8 cms. and thereby, the petitioner could not qualify the physical test. The result of the physical test dated 22.11.2018 was challenged by maintaining a writ petition. Learned Single Bench did not find any ground to interfere in the result and that too, when a period of more than two years has already passed after declaration of the result. The recruitment was otherwise of the year 2015.

Learned counsel for the appellant has made a reference of the medical certificate issued by the Life Insurance Corporation of India to show the height of the appellant. The aforesaid document cannot be considered as it is not a recruitment by the Life Insurance Corporation of India but the Police Recruitment Board where height of the petitioner was measured twice and, out of which, one was on the direction of this Court. The height of the petitioner cannot be measured time and again only on his prayer.

In the light of the aforesaid, we do not find any error in the judgment so as to cause interference in it.

The appeal fails and is, accordingly, dismissed.

Order Date :- 2.7.2021

Shubham

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(Rajendra Kumar-IV, J.) (Munishwar Nath Bhandari, A.C.J.)