Dismissed

Jogendra Kumar v. State of U.P. and 2 Others

Allahabad HC20 Jan 2021WRIA/2499/2020

Case brief

AI extract

What is this about?

A direction was dismissed against the State of UP. The petitioner sought a fresh physical standard test and a post appointment after failing the initial 2019 test without filing an appeal. The court held the prayer could not be entertained as the selection process was completed in 2019.

What did the court decide?

The prayers for a fresh physical standard test and appointment on the post of Constable were dismissed.

Jogendra Kumar Vs State of U.P. and 2 Others — Pension and Retirement Benefits | Allahabad HC (2021)

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Court No. - 36

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Case :- WRIT - A No. - 2499 of 2020

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Petitioner :- Jogendra Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anil Kumar Singh Bishen Counsel for Respondent :- C.S.C.

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Hon'ble Mrs. Sunita Agarwal,J.

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Written instruction supplied by learned Standing counsel is taken on record.

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Heard learned counsel for the parties and perused the record.

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In the present writ petition, the petitioner has prayed for the following reliefs:-

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"(i) Issue a writ, order or direction in the nature of certiorari calling/directing the respondents to produce the Physical standard test result dated 27.12.2019 (which is not hand of the possession of the petitioner as was not provided by the respondent board).

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(ii) Issue a writ, order or direction in the nature of mandamus directing the respondents to conduct a fresh Physical standard test as per the provision of appendix 2 of "The Uttar Pradesh Constable Police and Head Constable Police Services Rules, 2015" and appoint the petitioner on the post of Constable. "

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As far as the first relief is concerned, learned Standing counsel has provided copy of the written instructions wherein result of physical standard test conducted on 27.12.2019 has been mentioned. It is stated that the petitioner's height was found 166.4 c.m whereas the standard height is 168 c.m. The expansion of chest was 04 c.m whereas minimum required standard is of 05 c.m. After being declared unfit in the physical standard test conducted on 27.12.2019, the petitioner did not move any appeal and hence no re-test was conducted. Seeking for fresh physical standard test, it is stated in the writ petition that the petitioner had not been provided any written document/paper declaring his result after measurement, to reject his candidature on the ground of being short in height. The decision of the Medical Board, thus, is in violation of the Rules.

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Having considered the above assertions in the written instructions and averments in the writ petition, it is more than evident that the petitioner had participated in the physical

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standard test conducted on 27.12.2019 but he did not file any appeal against the opinion formed by the first medical board. The prayer for conducting a fresh physical standard test in the selection which was completed in the year 2019, cannot be entertained.

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The writ petition is found devoid of merit and hence dismissed. Order Date :- 20.1.2021 Harshita

Jogendra Kumar v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Jogendra Kumar v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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