Dismissed

Vikas Gupta v. State of U.P. and 3 Others

Allahabad HC8 Jul 2020WRIA/3765/2020

Case brief

AI extract

What is this about?

The Court dismissed the petitioner's writ petition challenging disqualification from constable post due to height. After initially directing a medical re-examination based on prima facie evidence, the subsequent medical report found the petitioner's height as 167 cm, below the required 168 cm, leading to the dismissal of the petition.

What did the court decide?

Petitioner's claim rejected and writ petition dismissed as height found to be below prescribed limit in fresh medical report.

Vikas Gupta Vs State of U.P. and 3 Others — Service and Employment | Allahabad HC (2020)

¶1

Court No. - 83

¶2

Case :- WRIT - A No. - 3765 of 2020

¶3

Petitioner :- Vikas Gupta Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anurag Agrahari,Mahima Sahai Counsel for Respondent :- C.S.C.

¶4

Hon'ble Mahesh Chandra Tripathi,J.

¶5

Heard learned counsel for the petitioner and Shri Sanjay Kumar Singh, learned Addl. Chief Standing Counsel.

¶6

The petitioner is before this Court for a direction to fourth respondent-The Uttar Pradesh Police Recruitment Board and Promotion Board to reconduct the physical standard test of the petitioner.

¶7

The record in question reflects that Uttar Pradesh Police Recruitment and Promotion Board made an advertisement for recruitment of constables and equivalent post in Civil Police and Constable PAC. The petitioner having the requisite qualification applied for the same. The petitioner qualified the written examination and called for document verification / physical standard test. His documents were verified and he was sent for physical standard test in which his height was found to be 166.7 cm. which is below the prescribed length of 168 cm and as such he was disqualified. It is alleged that the length was measured by adopting wrong method though he is having requisite height.

¶8

On the matter being taken up on 6.3.2020, the Court has proceeded to pass the following order:-

¶9

"Heard counsel for the petitioner, standing counsel for the State and perused the material on record.

¶10

Learned counsel for the petitioner argues that the petitioner has appeared in the recruitment as Constable Civil Police and Constable PAC for the recruitment exercise of 2018-II, wherein he has been non-suited on account of his height being less than the minimum prescribed height of 168 centimeters. Learned counsel for the petitioner argues that in the recruitment exercise of the year 2013 and 2018-I, he had appeared and had qualified the physical standard test and was found to be above 168 centimeters, however, for the first time in the recruitment for the year 2018 part II, he has been found to be less than the minimum prescribed height. He further argues that he had raised the objection, however, no decision has been taken thereupon. Considering the evidence on record to show that the petitioner was found to be having more than the prescribed height in the recruitment exercise of the year 2013 as well as 2018 part I, there appears to be a prima facie case for conducting the medical examination of the petitioner once again.

¶11

In view of the above facts, I deem it appropriate to direct that the petitioner shall appear along with certified copy of this order before the Chief Medical Officer, Bareilly on 19.3.2020. The petitioner shall deposit a sum of Rs. 5,000/- as cost with Chief Medical Officer, Bareilly, the Chief Medical Officer, Bareilly is directed to constitute a Medical Board constituting of three Doctors of the level of Professor and Associate Professor

¶12

available at the local District Hospital. The C.M.O. shall also inform the S.S.P. of the District, who shall depute an officer of the rank of Additional Superintendent of Police to remain present before the Board on 19.3.2020. The petitioner shall also produce materials in support of his identity before the Medical Board. The petitioner shall appear before the Medical Board on 19.3.2020 and he would be medically examined with regard to his height by the Board of three doctors. The report signed by the Chairman of the Board would be sent through the Chief Medical Officer, Bareilly along with the photographs to be taken during height verification examination before this Court on or before 30.3.2020. This report would constitute the basis for the Court to determine as to whether the report of the Medical Board and the Appellate Medical Board is liable to be questioned or not?

¶13

Put up as a fresh case on 30.3.2020 before the appropriate Court."

¶14

On the matter being taken up today, learned Addl. Chief Standing Counsel has produced the instructions dated 17.6.2020 along with the report of Medical Board dated 17.6.2020. On the basis of medical report learned Addl. Chief Standing Counsel has stated that in compliance of the aforesaid order of the Court the petitioner was medically examined and in which his height was found to be 167 cm, which is below the prescribed height and as such it is contended that his claim is liable to be rejected.

¶15

Considering the facts and circumstances of the case, once the height of the petitioner is found to be 167 cm, which is below the prescribed length of 168 cm., this Court cannot come for rescue and reprieve of the petitioner.

¶16

The writ petition stands dismissed accordingly. The aforesaid medical report is taken on record.

¶17

Order Date :- 8.7.2020 SP/

Vikas Gupta v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Vikas Gupta v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Shakti Singh Vs State of U.P. and 2 Others

Krishan Dutt Sharma Vs State of U.P. and 3 Others

Amit Kumar Dubey Vs State of U.P. and 4 Others

Arun Kumar Vs State of U.P. and 2 Others

km. Mahima Singh and 3 Others Vs State of U.P. and 3 Others

Lalita Devi and Another Vs State of U.P. and 2 Others