Allahabad High Court
Rahul Kumar vs State Of U.P. And 3 Others on 13 July, 2021
Bench: Munishwar Nath Bhandari, Acting Chief Justice, Piyush Agrawal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 29
Case :- SPECIAL APPEAL DEFECTIVE No. - 452 of 2021
Appellant :- Rahul Kumar
Respondent :- State Of U.P. And 3 Others
Counsel for Appellant :- Seemant Singh
Counsel for Respondent :- C.S.C.
Hon'ble Munishwar Nath Bhandari,Acting Chief Justice
Hon'ble Piyush Agrawal,J.
Order on Civil Misc. Exemption Application No. 1 of 2021.
The application seeking exemption from filing certified copy of the order of the High Court is allowed.
The defect stands cured.
Order on Special Appeal
Heard Sri Seemant Singh, learned counsel for the appellant and learned Standing Counsel for the respondents.
By this appeal, a challenge is made to the judgement dated 28.01.2021; whereby, the writ petition preferred by the appellant was dismissed.
It is a case where appellant applied for the post of Civil Police/Constable P.A.C. He remain successful in the selection and accordingly called for the medical examination. The appellant was examined by the Medical Board on 08.08.2019 and thereupon by Review Medical Board. The appellant was declared unfit by the Medical Board so as the Review Medical Board. The appellant, thereupon, obtained a certificate at his own from the Government Medical Hospital showing him to be medically fit and accordingly prayed for constitution of third Medical Board. This has been denied by the learned Single Judge.
Learned counsel for the appellant has made reference of the judgment of this Court in the case of Sandeep Kumar Vs. State of U.P. & others reported in 2018 SCC OnLine All 1177, wherein the Court directed for the constitution of a Medical Board.
We have considered the submissions of the learned counsel and find no substance therein. When the appellant was medically examined and declared unfit by the Review Medical Board maintaining the earlier result, a direction could not have been given by the Court to constitute the third Medical Board to get the appellant examined.
If the judgment in the case of Sandeep Kumar (supra) is also seen, it goes against the petitioner. Para 10 of the judgment of Division Bench in the case of State of U.P. Vs. Rahul, reported in 2016(3) ADJ 327 (DB) is quoted here under:
"...Undoubtedly, in a suitable case, the powers of the Court under Article 226 are wide enough to comprehend the issuance of appropriate directions but such powers have to be wielded with caution and circumspection. Matters relating to the medical evaluation of candidates in the recruitment process involve expert determination. The Court should be cautious in supplanting the process adopted by the recruiting agency and substituting it by a Court mandated medical evaluation. In the present case the proper course would have been to permit an evaluation of the medical fitness of the respondent by a review medical board provided by the appellants. Otherwise, the recruitment process can be derailed if such requests of candidates who are not found to be medically fit for reassessment on the basis of procedures other than those which are envisaged by the recruiting authority are allowed. This would ordinarily be impermissible."
11. In the present case, we find absolutely no reasonable basis for the respondent to have invoked the jurisdiction under Article 226 for constituting a separate medical Board under the authority of the Principal of Motilal Nehru Medical College, Allahabad. In the interim order of the learned Single Judge, there was no safeguard to the effect that the medical examination would take place in the presence of a representative of the State to at least ensure that the issue of identity did not arise. But that apart, more fundamentally, the objection to the entire procedure which has been followed is that without any reasonable basis or justification, the recruitment process and the procedures which have been laid down have been supplanted under a judicial direction. This, in our view, would be impermissible."
The judgment of the Division Bench does not allow intervention of the Court. In the said case, there were conflicting reports of two Medical Boards constituted by the appointing authority. In such an exceptional circumstances, the third Medical Board was constituted.
In the case of State of U.P. Vs. Deepak Kumar passed in Special Appeal (Defective) No. 849 of 2015, decided on 17.12.2015, similar prayer of constitution of the third Medical Board was not accepted.
In view of the above, we do not find any substance in this case. Appeal fails and is accordingly dismissed.
Order Date :- 13.7.2021
Rahul.
