- (1.) The dismissal of Writ-A No.7692 of 2018 Pradumna Kumar Yadav & 97 Ors. Vs. State of U.P. & 4 Ors. on 19 April 2018 connected with as many as 30 writ petitions has led to the filing of this Special Appeal under Chapter VIII, Rule 5 of the Allahabad High Court Rules.
(2.) It transpires from the records that in regard to the selection made for Special BTC training under the category of 'Physically Handicapped', a communication dated 15 July 2010 was sent by the Director, State Council of Education Research and Training, Lucknow the Director to all the Principals of the District Institute for Education and Training situate in the State of Uttar Pradesh to subject all the candidates, who had been selected under the physically handicapped quota to a medical examination by a Medical Board for determining whether they actually suffer from the disability mentioned in the certificates.
(3.) A writ petition bearing Writ-A No.53152 of 2010 Ravindra Kumar Sharma & Ors. Vs. State of U.P. & Ors. was filed to assail the aforesaid communication dated 15 July 2010. This petition was dismissed by judgment dated 31 August 2010. Feeling aggrieved, the writ petitioners filed Special Appeal Defective No.811 of 2010 which was disposed of on 9 September 2010 holding that the appellants could not resist medical examination as directed by order dated 15 July 2010. However, if upon medical examination, the authorities came to a conclusion that a candidate had not been genuinely issued a certificate of disability or that the candidate did not suffer from any certified disability, then in that event only a candidate can be subjected to a fresh medical examination. This order of the Division Bench of this Court was assailed before the Supreme Court by the State of U.P. by filing Civil Appeal which was allowed on 3 February 2016 and the judgment of the Division Bench was set aside. The writ petition was, accordingly, dismissed.;