Allahabad High Court
State Of U.P. Through Principal ... vs Dharmendra Kumar on 16 June, 2021
Bench: Sanjay Yadav, Chief Justice, Prakash Padia
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Chief Justice's Court
Case :- SPECIAL APPEAL No. - 114 of 2021
Appellant :- State Of U.P. Through Principal Secretary, Home And Another
Respondent :- Dharmendra Kumar
Counsel for Appellant :- Anand Kumar Ray
Counsel for Respondent :- Dilip Kumar Goswami
Hon'ble Sanjay Yadav,Chief Justice
Hon'ble Prakash Padia,J.
Per Prakash Padia, J.
Matter is taken up through video conferencing.
Heard Sri A.K. Ray, learned Additional Chief Standing Counsel for the State-appellant and Sri Dilip Kumar Goswami, learned counsel for the petitioner-respondent.
This intra-court appeal has been preferred by the State-appellant challenging the judgment and order dated 09.06.2020 passed in Writ A No. 2326 of 2021.
By the aforesaid order, writ petition preferred by the petitioner-respondent was disposed of with a direction to the petitioner to appear before the Chief Medical Officer, Moradabad on 16.06.2020. The Chief Medical Officer, Moradabad was directed to constitute the Medical Board constituting of three Doctors of the level of Professor and Associate Professor available at the local District Hospital. The C.M.O. was also directed to inform the S.S.P. of the District, who was directed to depute an Officer of the rank of Additional Superintendent of Police to remain present before the Board on 16.06.2020. The petitioner was further directed to produce materials in support of his identity before the Medical Board on 16.06.2020. Further direction is given to the petitioner to appear before the Medical Board on 16.06.2020 and the Medical Board was directed to examine the petitioner-respondent with regard to his height by the Board of three doctors. The report signed by the Chairman of the Board would be sent through the Chief Medical Officer, Moradabad.
Aggrieved against the aforesaid directions issued by the learned Single Judge vide its judgment and order dated 09.06.2020 the State-appellant has preferred the present intra-court appeal.
It is argued that writ petition filed by the petitioner-respondent was disposed of by the learned Single Judge in very peculiar manner and without giving any direction.
Having heard learned counsel for the parties and after having gone through the records, we are of the view that even though there was nothing wrong in the re-measurement with regard to the height of the petitioner as it cleared the doubt which was in the mind of the candidate but that doubt could always have been cleared by repeating the measurement. This view was also taken by the Co-ordinate Bench of this Court in Special Appeal Defective No. 679 of 2020 (State of U.P. and 2 Others vs. Rahul Kumar) decided on 23.11.2020.
In view of the same, we are of the opinion that order passed by the learned Single Judge does not call for any interference.
The appeal is devoid of merits and is accordingly dismissed.
Order Date :- 16.6.2021
Swati
(Prakash Padia,J.) (Sanjay Yadav,C.J.)
