- (1.) This petition has been filed under Article 226 of the Constitution asking this Court to issue a Mandamus to the respondent-Authorities to conduct a fresh medical test of the petitioner by a Medical Board for the post of Police Constable in relation to Advertisement No. PRPB-ONE 1 (112)/2017. A further Mandamus has been sought directing the Authority to declare the petitioner selected and send him for necessary training relating to Police Constables and Constables in the PAC Recruitment Examination, 2018. The case of the petitioner is that he was declared medically unfit during the medical examination. This medical examination was held at the 34th Battalion, PAC, Bhullanpur, Varanasi where he was declared unfit with a remark that 'you are unfit by knock-knee and vision impairment'. Thereafter the petitioner appeared for a re-medical test on 19.08.2019 at Police Lines, Varanasi. There also, he was declared unfit with a remark 'you are unfit by knock-knee and vision impairment'.
(2.) The petitioner has asserted that he does not suffer from any of these medical impairments and is absolutely fit on medical parameters. It is asserted in paragraph 13 of the writ petition that after the petitioner failed in the medical examination and the review which is contemplated under the advertisement, the petitioner submitted himself privately to the medical examination of the Additional Director/Chief Superintendent, SSPG, Mandaleeya Zila Chikitsalay, Varanasi on 20.09.2019. There, he was found not to be suffering from the disabilities which the medical test and the review examination had found.
(3.) In this connection, learned counsel for the petitioner, Sri Omkar Nath Rai has invited the attention of the Court to the certificate issued by Mandaleeya Apar Nideshak/ Pramukh Adheekshak, S.S.P.G. Mandaleeya Zila Chikitsalay, Varanasi dated 20.09.2019, a copy of which is appended at page 24 of the paper book to show that there is 'nil bodily infirmity'. In the last paragraph of this certificate, it is mentioned by the Mandaleeya Apar Nideshak/ Pramukh Adheekshak, S.S.P.G. Mandaleeya Zila Chikitsalay, Varanasi that 'I do not consider this a disqualification for employment in the U.P. Polytechnic'. It appears that the petitioner submitted himself voluntarily to the medical examination of the Mandaleeya Apar Nideshak/ Pramukh Adheekshak, S.S.P.G. Mandaleeya Zila Chikitsalay, Varanasi representing to the said Authority that he was applying for some job in U.P. Polytechnics and on that basis got himself medially examined on parameters that would be relevant for a job in the U.P. Polytechnics. The certificate does not indicate that the Mandaleeya Apar Nideshak/ Pramukh Adheekshak, S.S.P.G. Mandaleeya Zila Chikitsalay, Varanasi examined the petitioner on health fitness parameters required for a Constable in the Civil Police or the PAC. Dr. Amarnath Singh, learned Standing Counsel appearing for the State has opposed the motion to admit this petition to hearing. He submits that the process medical examination at the time of recruitment is specified in the advertisement. It is a complete process and has to be accepted for whatever result it reaches. He points out that the petitioner has undergone both original examination and a review, and has been found to be medically unfit with the problem of a knock-knee and vision impairment. ;