STATE OF U.P. AND ORS. Vs. RAHUL

JUDGEMENT

(1.) This special appeal has arisen from a judgment and order of the learned Single Judge dated 15 September 2015. The respondent applied in pursuance of an advertisement that was issued on 14 May 2013 by the Uttar Pradesh Police Recruitment and Promotion Board setting in motion a selection process for appointment of constables in the civil police and PAC among other posts. The selection process envisaged four stages namely : (i) Physical Standard Test; (ii) Physical Efficiency Test; (iii) Written Test; and (iv) a Medical Test. The respondent was invalidated on the ground of medical unfitness in the medical test which resulted in the filing of writ proceedings. In the writ petition, the respondent averred that he had been wrongly declared failed by the medical board whereas he had got himself examined by a doctor of VMMC and Safdarjang Hospital where he was found to be fit.

(2.) The learned Single Judge by an interim order dated 4 August 2015 directed the medical examination of the respondent upon appearing before the Principal of the Motilal Nehru Medical College who was to constitute a three-Member team for submitting a report. The report was received on 10 September 2015. Based on the report of the expert committee appointed by the Court, the learned Single Judge allowed the writ petition on 15 September 2015 by directing that the respondent should be treated as medically fit and a consequential order of appointment should be issued within a period of six weeks.

(3.) The State is in appeal.