Disposed

Deepak Kumar Recruit Constable v. State of U.P. and Others

Allahabad HC18 Jan 2020SPLA/1017/2011

Case brief

AI extract

What is this about?

The Supreme Court allowed a special appeal against a high court order refusing further time for re-medical examination. The Court directed the respondent to constitute a medical board for the appellant's final examination, with regularization pending if found fit, allowing the appellant to continue working as a constable until the process concludes.

What did the court decide?

Appellant directed to appear before medical board on 29.01.2020; appointment to be regularized if fit; appellant permitted to continue work as constable.

Deepak Kumar Recruit Constable Vs State of U.P. and… — Service and Employment | Allahabad HC (2020)

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Court No. - 4 Case :- SPECIAL APPEAL No. - 1017 of 2011 Appellant :- Deepak Kumar Recruit Constable Respondent :- State of U.P. and Others Counsel for Appellant :- Vijay Gautam,Abhishek Kumar,Ambarish Chatterji,Devesh Mishra Counsel for Respondent :- C.S.C.

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Hon'ble Bala Krishna Narayana,J. Hon'ble Shamim Ahmed,J.

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Heard learned counsel for the appellant and learned Standing Counsel, who has accepted notice on behalf of the respondents.

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This special appeal is directed against the order dated 13.05.2011 passed in Civil Misc. Writ Petition No. 27960 of 2011 which was decided along with other connected writ petitions, by which the petitioner was directed to appear before the medical board for reexamination of physical standard test as well as physical efficiency test.

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Briefly stated, the facts giving rise to this appeal are that the petitioner pursuant to an advertisement dated 25.06.2009 issued by the U. P. Police Recruitment and Promotion Board for recruitment to the post of Constables in civil police, applied for consideration of his candidature. He appeared at the recruitment centre, underwent the physical test and cleared medical test. Thereafter the petitioner was directed to undertake written examination and on the merit status secured by him, his name was published. When the petitioner had gone to training center his name was not found in training list and he was informed that he was found unfit.

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The aforesaid action of the respondents was challenged before the writ Court submitting that the U. P. (Civil Police) Constable and Head Constable Service Rules, 2008 did not contain any provision stipulating re-examination by the medical board and since the petitioner had been

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declared medically fit, the respondents could not have directed the petitioner to get himself medically examined again by the Medical Board. Learned Single Judge after considering the submissions advanced before him and perusing the material on record disposed of the batch of writ petitions including the instant writ petitions with the following directions:

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".............. Now the next issue is being looked into. Here in the present case, in some cases on second occasion, the petitioners have been found medically unfit and in some cases, the petitioners are opposing the second medical examination, whereas in some cases, the petitioners were declared unfit in first medical examination, but in spite of the same, they have succeeded in appearing in written examination. As only issue is as to whether the petitioners are medically fit or not, and each one of them has been contending that he is medically fit and even the Board has taken decision to proceed on 28.01.2011 with further medical examination, who have been found unfit; in such a situation and in this background in respect of each one of the petitioners, the Board is directed to constitute a Special Medical Board at Lucknow giving opportunity to each one of the petitioners to undertake medical test and in the light of the report submitted by this Special Medical Board further follow-up action be taken into account, and decision be taken in accordance therewith. Such action be taken within eight weeks. The candidates, who have failed to to fulfill physical standard test as well as physical efficiency test, qua them, it is hereby directed that their appointing authority, who is vested with the authority to issue appointment letter, shall make arrangement for re-examination of physical standard test as well as physical efficiency test, within eight weeks from the date of receipt of a certified copy of this judgement and further follow-up action be taken accordingly.

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All the writ petitions stand disposed of accordingly."

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Aggrieved from the order of the learned Single Judge, the petitioner preferred the instant special appeal. We have been informed that pursuant to the interim orders passed by this Court in this appeal the petitioner was directed to complete his training and appointed provisionally as constable in U. P. Civil Police subject to the result of the writ petition.

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When this matter was taken up today, we were informed that the petitioner has not appeared before the medical board. However, he submitted that in case one last opportunity is given, he shall appear before the medical board for the purpose of re-medical examination.

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Although learned Standing Counsel in the counter affidavit has taken the stand that the appellant could be medically examined by the medical board only within six months from the date of passing of the order of the learned Single Judge and since the aforesaid period has elapsed, it was not possible to get the appellant medically examined by a medical board. However after going through the order of the learned Single Judge, we do not find any such stipulation therein that in case the petitioner failed to appear before the medical board within the time indicated hereinabove, he would not be entitled to seek further time to appear before the medical board and his right to seek re-examination by the medical board shall extinguish. Moreover, it is not disputed that under the interim orders passed by this Court in this appeal, the appellant is working as constable in the civil police.

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In view of the above, without expressing any opinion on merits, we dispose of this appeal with the direction that the appellant Deepak Kumar shall appear before the respondent no. 5 on 29.1.2020 and respondent no. 5 shall thereafter ensure that the medical board is constituted within a further period of one week and the appellant is medically examined, in case he is found medically fit, the petitioner's appointment shall be regularized by the respondents. However, in case it is found unfit, he shall be dealt with in accordance with law. It is further provided that till the necessary exercise is completed, appellant shall be allowed to work as constable in U.P. Police.

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Order Date :- 18.1.2020 P.S.Parihar

Deepak Kumar Recruit Constable v. State of U.P. and Others

Case brief

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Deepak Kumar Recruit Constable v. State of U.P. and Others

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