Writ petition filed seeking direction to redo height measurement for respondent in a recruitment exercise. Court dismissed the plea relying on prior precedent, noting measurements were standardized and no appeal was filed against initial rejection.
Writ petition dismissed; no direction to remeasure height.
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Court No. - 6
Case :- WRIT - A No. - 2196 of 2019
Petitioner :- Raju Yadav Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Preet Pal Singh Rathore Counsel for Respondent :- C.S.C.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the petitioner and the learned Standing Counsel.
This petition has been preferred for the respondents being commanded to measure the height of the petitioner denovo.
Undisputedly pursuant to the recruitment exercise initiated in terms of Rule 15, the petitioner was submitted to a physical examination and in which he was found not to fulfill the minimum stipulation which was fixed. Although the statute contemplates and confers a right upon the petitioner to prefer an appeal, no such appeal was admittedly preferred and filed by the petitioner. The height measurement reports are neither established to be arbitrary nor are they assailed on malafides. The examination at the stage of Rule 15 is undisputedly carried out with the aid of standardised equipment.
Consequently and bearing in mind the principles enunciated by the Division Bench of this Court in State of U.P. Vs. Rahul [2016 (3) ADJ 327] , this writ petition is dismissed.
Order Date :- 25.2.2019 LA/-
1 issue framed by the court
Whether the State petitioner should be commanded to remeasure the respondent's height given the existing standardized reports.
Colour shows how this judgement treated each authority
State of U.P. Vs. RahulDistinguished¶8
State of U.P. Vs. Rahul [2016 (3) ADJ 327]
Raju Yadav
State Of U.P.
Yashwant Varma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
