Krishna Kumar Vs State of U.P. Thru. Addl. Chief… — Writ and Judicial Review | Allahabad HC (2025)

Krishna Kumar Vs State of U.P. Thru. Addl. Chief… — Writ and Judicial Review | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the petitioner should be granted the direction sought for re-examination of his height in the Uttar Pradesh Constable Civil Police Direct Recruitment 2023 despite having been examined twice (including by the appellate medical board) and declared unfit, and after delaying over a month in filing the writ petition

Court's answer

The petitioner disclosed no reason for waiting over one month after the review medical board before filing the writ petition seeking re-examination of his height; during a recruitment process one month is an extremely long length of time, the entire timeline having been given in the advertisement and communicated to the candidates.

Ratio / Principle

As the petitioner was examined twice — including by the appellate medical board, which again determined his height to be below the prescribed standard — he was afforded adequate opportunity, and accordingly the direction sought for re-examination cannot be granted.

Key takeaways

This Court would not exercise its discretion under Article 226 of the Constitution of India in the peculiar circumstances of the case, specially when the time prescribed for the re-medical test is already over.ratio¶14

Detailed headnote1 paragraphs

Writ petition (WRIT - A No. 2487 of 2025), High Court of Judicature at Allahabad, Lucknow Bench (Alok Mathur, J.), decided 4.3.2025 — DISMISSED. Krishna Kumar, who failed the physical standard test in the Uttar Pradesh Constable Civil Police Direct Recruitment 2023 because his height was measured at 167.5 c.m. and 167.4 c.m. against the prescribed minimum of 168 c.m., sought a writ direction for re-examination of his height. The Court found that he had been given opportunity twice, including examination by the appellate medical board which again found him below standard; that candidates similarly situated had been examined by a board constituted at this Court's direction until 01.03.2025; and that the petitioner had delayed over a month in approaching the Court although the recruitment timeline had been advertised and communicated to candidates. Holding that the petitioner was adequately provided opportunity, the Court declined to exercise its discretion under Article 226 of the Constitution of India as the time prescribed for the re-medical test was already over; the writ petition stood dismissed. No precedent cases were cited.

Neutral Citation No. - 2025:AHC-LKO:12949

Court No. - 6

Case :- WRIT - A No. - 2487 of 2025

Petitioner :- Krishna Kumar

Respondent :- State Of U.P. Thru. Addl. Chief Prin. Secy. Home Deptt. Lko. And 3 Others

Counsel for Petitioner :- Subhash Chandra Yadav,Ashwani Kumar

Counsel for Respondent :- C.S.C.

Hon'ble Alok Mathur,J.

Heard Sri Subhash Chandra, learned counsel for petitioner as well as Sri Sandeep Singh, learned Standing Counsel for respondents.

It has been submitted by learned counsel for petitioner that petitioner had appeared in the recruitment for the Uttar Pradesh Constable Civil Police Direct Recruitment 2023 and after being successful in the written examination, he was called for document verification and physical standard test on 18.01.2025. In the physical test, the height of the petitioner was determined to be 167.5 c.m. and 167.4 c.m. which is less than the prescribed height of 168 c.m.

It is noticed that the petitioner was given opportunity twice and on both occasions, his height was determined to be less than minimum physical standards prescribed and therefore, the petitioner was declared to be unfit. It has further been stated that for similar circumstances other candidates have been directed to appear for additional time before the board constituted by the respondents in this regard.

Learned Standing Counsel has submitted that board was duly constituted as per the directions of this Court and on the direction of this Court persons similarly situated were examined till 01.03.2025 till 02.00 p.m. and once the said medical board has been dissolved now the matter is before the recruitment body for further directions. The further process of the recruitment cannot be interfered by this Court at this stage.

Apart from the above, this Court finds that the petitioner had undergone the review medical board on 18.01.2025 and there is no reason disclosed in the writ petition as to why the petitioner waited for over one month before filing a writ petition and seeking a direction for re-examination of his height. During a

recruitment process, one month is extremely long length of time. Considering the fact that the entire timeline is given in the advertisement and is also communicated to the candidates. Further it is noticed that during physical verification test, in case the candidate is aggrieved by any of the determination made by such medical board, he has a right to file an appeal and the appellate medical board also is constituted and in the present case had examined the case of the petitioner where again his height was determined to the less than the prescribed standard. Accordingly, it cannot be said that the petitioner was not afforded adequate opportunity and in the aforesaid circumstances, the direction as sought by the petitioner cannot be granted and this Court under Article 226 of Constitution of India would not exercise its discretion in the peculiar circumstances of the case specially when the time prescribed for re--medical test is already over.

In view of the above, the writ petition stands dismissed .

(Alok Mathur, J.)

Order Date :- 4.3.2025 Ravi/

Digitally signed by :- RAVI SHANKAR SRIVASTAV High Court of Judicature at Allahabad, Lucknow Bench