Allahabad High Court
Qutubuddeen Khan vs State Of U.P. And 4 Others on 23 March, 2021
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 36
Case :- WRIT - A No. - 1966 of 2021
Petitioner :- Qutubuddeen Khan
Respondent :- State Of U.P. And 4 Others
Counsel for Petitioner :- Anil Babu
Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State respondents.
The petitioner is before this Court for a direction to the respondents to constitute the Medical Board in Allahabad or any other district and for a further direction to the respondents to conduct the medical examination of the petitioner by newly constituted medical board under the supervision of the medical experts as directed by the Court for the post of Police Constable and Constable PAC (Male) Direct Recruitment-2015.
Record in question reflects that the petitioner has been examined by the competent Medical Board as well as Divisional Medical Board, wherein, it is found that the petitioner is medically unfit for the post in question.
The entire claim is set up on the basis of averment mentioned in paragraph 17 of the writ petition, which is reproduced as under:-
"17. That the petitioner himself appeared before the S. S. P. G. Divisional District Hospital Varanasi on 25.02.2020 for his medical examination. Where he obtained a report of Ophthalmologist of S. S. P. G. Divisional District Hospital dated 27.02.2020. In which the Eye Vision of the petitioner was found absolutely fit for the Police Servise."
The matter was taken up on 15.03.2021 and this Court has proceeded to pass following order:-
"Heard Shri Anil Babu learned counsel for the petitioner and learned Standing Counsel.
The petitioner is before this Court for a direction to the respondents to constitute the Medical Board in Allahabad or any other district and for a further direction to the respondents to conduct the medical examination of the petitioner by newly constituted medical board under the supervision of the medical experts as directed by the Court for the post of Police Constable and Constable PAC (Male) Direct Recruitment-2015.
Learned counsel for the petitioner in support of his submissions has placed reliance on the judgment dated 12.1.2021 passed in Writ-A No.14457 of 2020 (Shiv Pujan Pandey v. State of U.P. & Ors.) by which the said writ petition was allowed relying on the judgment in Bhanu Pratap Rajput v. State of U.P. & Ors. (Writ-A No.14195 of 2018) decided on 5.9.2018. As such it is contended that the petitioner being on the same footing is also entitled for the similar relief.
Confronted with this, Shri Vikram Bahadur Yadav, learned Standing Counsel prays for and is accorded time to seek necessary instructions in the matter.
Put up this matter as fresh on 23.3.2021."
On the matter being taken up today, learned Standing Counsel has placed detailed instruction dated 22.03.2021 sent by Superintendent of Police, Ghazipur appending therein the letter dated 19.03.2021, wherein, it has categorically been averred that ophthalmologist report dated 27.02.2020 is a fictitious document and at no point of time the said document has been issued by the competent doctor.
Confronted with this situation, learned counsel for the petitioner submits that he does not want to press the present writ petition and prays that the same be dismissed as not pressed.
Prayer made is allowed.
The writ petition is dismissed as not pressed.
Order Date :- 23.3.2021
A. Pandey
