Saurabh Yadav vs State Of U.P. And 2 Ors.
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Allahabad High Court

Saurabh Yadav vs State Of U.P. And 2 Ors. on 2 January, 2024

Author: Prakash Padia

Bench: Prakash Padia

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:255
 
Court No. - 35
 

 
Case :- WRIT - A No. - 42528 of 2016
 

 
Petitioner :- Saurabh Yadav
 
Respondent :- State Of U.P. And 2 Ors.
 
Counsel for Petitioner :- Narendra Kumar,Dinesh Kumar Vishwakarma,Hira Lal Yadav,Punit Khare,Sunil Kumar,Sunil Kumar Yadav
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Prakash Padia,J.
 

1. Heard Sri Sunil Kumar, learned counsel for the petitioner and learned Standing Counsel for the respondent.

2. The petitioner has preferred the present petition with the following prayer:-

"A. Issue a writ, order or direction in the nature of writ of MANDAMUS directing the respondent no.2 to permit the petitioner for physical standard test again in recruitment constable in police (male) and constable in P.A.C. (male) - 2015.

Issue any other writ, order or direction which this Hon'ble Court may deem fit and proper under the circumstances of the case so as to secure the ends of justice or else, the Petitioner shall suffer irreparably.

3. It is argued by learned counsel for the petitioner that a medical report has been issued by the Government Doctor on 09.05.2022 by which the height of the petitioner is 168 cm and chest is 82 cm. It is argued that according to the aforesaid report, the petitioner is entitled for post constable in police (male) and constable in P.A.C. (male). In support his arguments, learned counsel for the petitioner placed reliance upon judgment dated 25.01.2021 passed by this Court in Writ A No.882 of 2021 (Ravi Pratap Bhardwaj Vs. State of U.P. and others). The aforesaid judgement is reproduced hereinbelow:-

"Petitioner asserts that he has otherwise been selected for appointment to the post of Constable inasmuch as he has cleared written test and also physical efficiency test, but he has arbitrarily been denied appointment on the ground that his height is short. Petitioner has annexed certificate issued by Chief Medical Officer, Gorakhpur, as per which petitioner's height is 169 cms. and height required in terms of the advertisement is 168 cms. Submission is that he was never informed that his height was found short at the time of physical examination.

Learned Standing Counsel submits that there is no provision for re-physical test.

This Court finds that the limited issue which requires examination is as to whether petitioner fulfils the requirement of possessing minimum height i.e. 168 cms. No review has been conducted by the Board. The certificate issued by the Chief Medical Officer has been brought on record, as per which petitioner's height is above 168 cms. In such circumstances, if a direction is issued to the authority concerned to have the petitioner's height re-examined, no prejudice would be caused to anyone.

This writ petition is, accordingly, disposed of with a direction upon the respondent no.2 to have petitioner's height re-examined, and in case it is found that petitioner's height is above 168 cms., then his claim shall be considered, in accordance with law."

4. In the facts and circumstances of the case, the present petition is disposed of with a direction upon the respondent no.2 to have petitioner's height re-examined, and in case it is found that petitioner's height is above 168 cms., then his claim shall be considered, in accordance with law.

Order Date :- 2.1.2024

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