Allahabad High Court
Suhel Dev Shukla vs Union Of India Thru. Secy. Home ... on 29 August, 2023
Bench: Manish Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:58060
Court No. - 20
Case :- WRIT - A No. - 5638 of 2023
Petitioner :- Suhel Dev Shukla
Respondent :- Union Of India Thru. Secy. Home Affairs New Delhi And 4 Others
Counsel for Petitioner :- Mohd.Mateen,Dharmendra Kumar Tripathi
Counsel for Respondent :- A.S.G.I.
Hon'ble Manish Mathur,J.
1. Heard learned counsel for petitioner and Mr. S.B. Pandey learned Senior Counsel assisted by Mr. Varun Pandey learned counsel for opposite parties.
2. Petition has been filed challenging order dated 06.05.2023 whereby petitioner's candidature and representation for Review Medical Board has been rejected.
3. It has been submitted that in pursuance of an advertisement, petitioner had applied for the post of Constable (G.D.) in Central Armed Police Forces and after clearing written examinations etc., petitioner was required to participate in Physical Medical Examination whereunder it was reported that petitioner does not qualify for the minimum height of 170 cms. It is submitted that although order dated 06.05.2023 indicated petitioner to be unqualified on basis of height but he made an endeavour to file an appeal as provided in aforesaid order itself but petitioner's appeal was deliberately not accepted by opposite parties although candidate's copy for Physical Efficiency Test indicates the same measurement on Appeal but petitioner in fact was never provided an opportunity to prefer an Appeal.
4. Learned counsel appearing on behalf of opposite parties on the basis of instructions has refuted submissions advanced by learned counsel for petitioner with submission that in fact reconsideration by Review Medical Board has already been done on Appeal filed by petitioner as indicated in candidate's copy of Physical Efficiency Test, annexed as Annexure-2 to petition itself. It is submitted that as of now the Medical Board has already been dispersed and relief as sought by petitioner cannot be granted to him.
5. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, it is evident that the issue in question pertaining to Review Medical Board has already been adjudicated upon by a Division Bench of this Court in Union of India v. Parul Punia, Special Appeal no. 968 of 2015 in which following has been held:-
"...... 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."
6. Upon applicability of aforesaid judgment in present facts and circumstances of the case, even if it is assumed that petitioner's Appeal was filed and has been adjudicated upon or even if Appeal has not been considered, the Review Medical Board as on date is not available for review of petitioner's candidature. The judgment in Union of India v. Parul Punia (supra) clearly indicates that no external Medical report can be taken into account with regard to such recruitment.
7. In view of aforesaid, it is evident that upon applicability of aforesaid judgment in present facts and circumstances, no relief can be granted to petitioner.
8. Resultantly, the petition being devoid of merits is dismissed.
Order Date :- 29.8.2023
kvg/-
