DIWAKAR PASWAN Vs. STATE OF U.P. AND ORS.
LAWS(ALL)-2021-1-161
HIGH COURT OF ALLAHABAD
Decided on January 12,2021

Diwakar Paswan Appellant
VERSUS
State of U.P. and Ors. Respondents

JUDGEMENT

- (1.) Heard learned counsel for the petitioner and Sri Piyush Shukla, learned Additional Chief Standing Counsel who appears for the State respondents.
(2.) This petition has been preferred seeking the following reliefs:- "(i) Issue a writ, order or direction, in the nature of certiorari, calling the record of the case and quashing the medical examination result of the petitioner, dated 07/09/2020 and 09/09/2020 (which has not been served upon the petitioner and it was orally informed that the petitioner is medically unfit having "Hydrocele Testicle") declared by the Medical Board, for the post of Constable Civil Police and Constable PAC, Direct Recruitment - 2018-II, pursuant to the Advertisement dated 16/11/2018 and in pursuance of the select list issued vide Notification dated 02/03/2020. (ii) Issue a writ, order or direction, in the nature of mandamus, commanding the Respondent Authorities, treating the petitioner as medically fit in the medically examination for the post of Constable Civil Police and Constable PAC, Direct Recruitment - 2018-II, pursuant to the Advertisement dated 16/11/2018 and select and appoint him finally for the said post, in pursuance of the select list, issued vide Notification dated 02/03/2020. (iii) Issue a writ, order or direction, in the nature of mandamus, directing the Respondent Authorities, to declare the petitioner as a selected candidate finally and appoint him on the post of Constable, and send him necessary training for the post of Constable Civil Police and Constable PAC, Direct Recruitment - 2018-II, pursuant to the Advertisement dated 16/11/2018 and in pursuance of the select List issued vide Notification dated 02/03/2020"
(3.) The petitioner who had participated in a recruitment exercise initiated by the respondents for appointment on the post of Constable in the Civil Police and PAC has been declared medically unfit. That opinion2 which was formed initially by the Medical Board constituted by the respondents, was affirmed by the Review Medical Board. Upon the petitioner being declared medically unfit, his candidature was rejected by the respondents. The sole ground on which the aforesaid medical opinion is challenged is a certificate obtained by the petitioner from a Government Hospital on the basis of which it is contended that the decision of the respondents is liable to be interfered with and set aside. The Court finds itself unable to countenance the submission for the following reasons.;


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