Rishabh Kumar vs State Of Up And 6 Others
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Allahabad High Court

Rishabh Kumar vs State Of Up And 6 Others on 14 May, 2025

Author: Ashwani Kumar Mishra

Bench: Ashwani Kumar Mishra

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2025:AHC:79283-DB
 
Court No. - 29
 

 
Case :- SPECIAL APPEAL No. - 806 of 2024
 

 
Appellant :- Rishabh Kumar
 
Respondent :- State Of Up And 6 Others
 
Counsel for Appellant :- Prabhakar Awasthi
 

 
Hon'ble Ashwani Kumar Mishra,J.
 

Hon'ble Praveen Kumar Giri,J.

1. The claim of the appellant for appointment to the post of Sub-Inspector was not considered despite his having qualified all stages of selection as the appellant was found suffering from physical deformity of knock knee.

2. Learned Single Judge has dismissed the writ petition, wherein, the opinion expressed by the Medical Board was challenged. The appellant had relied upon the report of other Government hospitals, wherein, he was found to be suffering from no such deformity.

3. On the last occasion, when the matter was heard, the Division Bench of this Court passed the following orders:

"5. The instant intra-court appeal is preferred against the judgment and order dated 24.04.2023 passed by the learned Single Judge in Writ 'A' No. 1424 of 2023 (Rishabh Kumar vs. State of U.P. and 6 Others), along with the result dated 28.10.2022 issued by the Medical Board and the order dated 01.11.2022 passed by the Appellate Board. The appellant further prays for a direction commanding the respondents to forthwith treat the petitioner as medically fit in the medical examination for the post of Sub-Inspector in Civil Police (Male/Female), Platoon Commander, PAC, and Fire Station Second Officer Direct Recruitment-2020-21 (in short Recruitment-2020-21), pursuant to the advertisement dated 24.02.2021 and in pursuance of the merit list issued vide notification dated 12.06.2022. He further prays for a direction to the respondent authorities to declare the appellant as a selected candidate and appoint him to the post of Sub-Inspector, and send him for the necessary training for the post of Sub-Inspector, pursuant to the advertisement dated 24.02.2021 and in pursuance of the merit list issued vide notification dated 12.06.2022.

6. The brief facts of the present case are that the appellant-petitioner, pursuant to the advertisement dated 24.02.2021, applied for selection to the post of Sub-Inspector in Recruitment-2020-21. He qualified the written examination, documentary verification, physical standard test, and physical efficiency test. However, the petitioner was found to have a 'knock knee' condition in the medical examination and was therefore declared medically unfit for the said post. Aggrieved by this, the petitioner filed Writ 'A' No. 1424 of 2023, praying for the following reliefs:

"a) Issue a writ, order or direction, in the nature of certiorari, calling the record of the case and quashing the medical examination result of the petitioner, dated 28/10/2022 & 01/11/2022 (which has not been served upon the petitioner and it was orally informed that the petitioner is medically unfit having "Knock Knee") declared by the Medical Board, for the post of Sub-Inspector in Civil Police (Male/Female), Platoon Commander, PAC & Fire Station Second Officer Direct Recruitment - 2020-21, pursuant to the Advertisement dated 24/02/2021 & in pursuance of the merit list, issued vide Notification dated 12/06/2022.

b) Issue a writ, order or direction, in the nature of mandamus, commanding the Respondent Authorities, treating the petitioner as medically fit in the medical examination for the post of Sub-Inspector in Civil Police (Male/Female), Platoon Commander, PAC & Fire Station Second Officer Direct Recruitment - 2020-21, pursuant to the Advertisement dated 24/02/2021 & pursuance of the merit list, issued vide Notification dated 12/06/2022.

c) Issue a writ, order or direction, in the nature of mandamus, directing the Respondent Authorities, to declare the petitioner as a selected candidate finally and appoint him on the post of Sub-Inspector, and send him necessary training for the post of Sub-Inspector in Civil Police (Male/Female), Platoon Commander, PAC & Fire Station Second Officer Direct Recruitment - 2020-21, pursuant to the Advertisement dated 24/02/2021 & in pursuance of the merit list, issued vide Notification dated 12/06/2022."

7. Sri Prabhakar Awasthi, learned counsel for the appellant-petitioner, vehemently submits that the learned Single Judge erred in law by approving the decision of the Medical Appellate Board and rejecting the appellant-petitioner's claim in light of the judgment passed in Writ 'A' No. 5668 of 2021 (Ankit Kumar vs. State of U.P. and Others). In that case, the court held that the opinion of the Medical Board and the Review Medical Board should not be taken lightly and should be given due precedence; it should not be annulled or set aside based on the report of a private doctor or a government hospital obtained by a candidate from outside. He submits that the present matter is distinguishable, as it relates to a "knock knee" condition that could be duly verified. In similar cases relating to knock knee conditions, the Division Bench passed detailed orders and opined that the appellant should present before the Medical Board. In support of his submission, he has relied on the Division Bench order dated 09.01.2024, passed in Special Appeal Defective No. 523 of 2023 (Bhavesh Kumar Singh vs. The State of U.P. and 6 others), and the order dated 12.02.2024 passed in Special Appeal Defective No. 361 of 2023 (Manish Kumar Maurya vs. The State of U.P. and 6 others). Furthermore, he has relied upon a certificate from a later medical examination conducted by a competent Medical Board prescribed by the Railway Recruitment Board during the selection process for 'Station Master,' appended as Annexure No. 1 (paper book-9), in which he was found medically fit and was selected. He argues that the appellant-petitioner does not suffer from a "knock knee" condition, which can be detected with the naked eye, and he is willing to undergo a medical examination at any hospital if this court accords it.

8. Considering the facts and circumstances of the case, it is hereby directed that the Additional Director, Medical and Health Services, Lucknow, shall constitute a Special Medical Board to examine the appellant-petitioner concerning the infirmity pointed out by the recruitment agency. The Special Medical Board shall consist of doctors from King George's Medical University, Lucknow. The Medical Board shall examine the appellant-petitioner within 15 days from today and submit its report in a sealed cover through the Additional Director, Medical and Health Services, Lucknow. The appellant-petitioner shall appear before the Additional Director, Medical and Health Services, Lucknow, within seven days from today. The Medical Board, after examining the appellant-petitioner, shall submit its report as directed above on the next date fixed through learned Standing Counsel.

9. Put up this matter again as fresh on 03.10.2024.

10. Registrar (Compliance) of this Court shall communicate the present order to the Additional Director, Medical and Health Services, Lucknow for necessary compliance within the time prescribed."

4. A report has been received from the Additional Director, Medical Health and Family Welfare, Lucknow, enclosing therewith the report of Divisional Board consisting of five senior doctors including an Ortho Surgeon from King George's Medical University, Lucknow. As per the report, the appellant does not suffer from any deformity of knock knee. This report received in sealed cover is handed over to learned State Counsel for its transmission to the Police Recruitment Board, Lucknow. Since the appellant has otherwise been selected and has been declared medically unfit due to knock knee which report is not found to be correct and a contra opinion of expert body is placed before us consisting of a medical board set-up by the State itself we hold that the appellant is entitled to be considered for appointment.

5. We allow the present special appeal and dispose of the writ petition with a direction to the respondent nos. 2 and 3 to process the appellant's claim for appointment and pass further necessary orders as would be required within a period of two months.

Order Date :- 14.5.2025

K.K. Maurya