Allahabad High Court
Deepika Singh Chauhan vs State Of U.P. Thru. Addl. Chief ... on 18 May, 2023
Bench: Dinesh Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:34632
Court No. - 8
Case :- WRIT - A No. - 3667 of 2023
Petitioner :- Deepika Singh Chauhan
Respondent :- State Of U.P. Thru. Addl. Chief Secy., Home Deptt., Govt. Of U.P., Lko. And 5 Others
Counsel for Petitioner :- Vyas Narayan Shukla
Counsel for Respondent :- C.S.C.
Hon'ble Dinesh Kumar Singh,J.
1. Heard Sri Vyas Narayan Shukla, learned counsel appearing for the petitioner and Ms. Deepshikha, learned Chief Standing Counsel appearing for the State.
2. This is second writ petition filed by the petitioner under Article 226 of the Constitution of India seeking a writ of Mandamus commanding the respondents to convene a further medical board to conduct Physical Test of the petitioner for the post of Constable (Female) in Civil Police in respect of recruitment conducted by U.P. Police Recruitment Promotion Board in pursuance to the advertisement issued in October, 2018.
3. The petitioner was successful in Written Examination as well as Physical Efficiency Test. However, in her medical examination, she was found to have knocking knees problem, and as such, she was declared unfit for appointment on the post of Constable (Female).
4. In an earlier writ petition being Writ Petition No.11774(SS) of 2021 filed by the petitioner, this Court vide order dated 06.02.2023 disposed of the said petition with following direction:-
"In view thereof, petitioner is permitted to make a fresh detailed representation to respondent no. 2 Director General of Police, U.P., Lucknow, raising all his grievance, annexing therewith a copy of this writ petition along with annexures and all the documents in support of his claim within a period of three weeks from today along with a certified copy of this order.
In case such a representation is moved by petitioner, respondent no.2 Director General of Police, U.P., Lucknow, shall consider and decide the same in accordance with law by a reasoned and speaking order within a period of three months from the date a certified copy of this order along with representation is placed before him.
It is made clear that this court has not applied itself on the merits of the case and all questions are left open to be considered and decided by the competent authority in accordance with law.
With the aforesaid directions, the writ petition is disposed of."
5. The petitioner in pursuance to the liberty granted by this Court vide aforesaid judgment and order dated 06.02.2023 filed a representation before the Director General of Police, Lucknow.
6. Director General of Police, Lucknow vide detailed impugned order dated 20.03.2023 considering the relevant service rules stated that if the petitioner was not satisfied with the result of medical examination, she could have filed an appeal and she was given liberty to file an appeal before the Divisional Medical Board.
7. Even, Divisional Medical Board, consisting of four doctors, opined that the petitioner was suffering from knocking knee problem. There is no ground to dispute the examination of the petitioner by two medical boards. This Court has no means to find out whether the petitioner has problem of knocking knee or not. Even otherwise, this Court cannot dispute the opinion of the experts and thus, I find no substance in the writ petition, which is hereby dismissed.
(Dinesh Kumar Singh, J.)
Order Date :- 18.5.2023
prateek
