Allahabad High Court
Rinku Tomar vs State Of U.P. And 4 Others on 15 July, 2022
Author: Sangeeta Chandra
Bench: Sangeeta Chandra
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 33 Case :- WRIT - A No. - 19967 of 2018 Petitioner :- Rinku Tomar Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Vijay Gautam,Mansoor Alam,Vinayak Nath Singh Counsel for Respondent :- C.S.C. Hon'ble Mrs. Sangeeta Chandra,J.
This petition has been filed praying for the following relief :
(i) Issue a writ, order or direction, in the nature of mandamus, directing the Respondent Authorities, to conduct the Fresh Medical Examination of the petitioner, by the Medical Board, for the post of Police Constable and Constable PAC (Male) Direct Recruitment - 2015, pursuant to the Advertisement dated 29/12/2015.
(ii) Issue a writ, order or direction, in the nature of mandamus, commanding the Respondent Authorities, treating the petitioner as medically fit in the medical examination for the post of Police Constable and Constable PAC (Male) Direct Recruitment - 2015, pursuant to the Advertisement dated 29/12/2015 and select & appoint him finally for the said post, in pursuance of the merit list, issued vide Notification dated 21/05/2018.
It is submitted by the learned counsel for the petitioner that the petitioner had applied and was selected in the written examination for selection held through advertisement dated 29.12.2015 for the post of Constable, however, in the medical examination test, the petitioner failed to qualify on the ground that it was discovered that he had knocked knees. The petitioner, thereafter, got himself medically examined by the Chief Medical Officer, Aligarh who has issued certificate of fitness on 5.7.2018 not finding any physical deformity which would consider him disqualified for employment in the government service as Executive (Supervisor) in Bridge Corporation.
This Court had carefully perused the certificate dated 5.7.2018 issued from the Office of Chief Medical Officer, Aligarh with regard to medical fitness of the petitioner. This Court finds that the petitioner has relied upon an ordinary physical fitness certificate issued by the Chief Medical Officer, Aligarh with regard to his fitness for appointment as Executive (Supervisor) in Bridge Corporation. Such a certificate does not state that petitioner had been examined for the physical deformity which was found in the medical examination test i.e. knocked knees and the Chief Medical Officer, Aligarh has found the petitioner not to be suffering from knocked knees.
On the basis of such certificate, the directions as prayed for in this petition, cannot be granted. Moreover, the selection is of the year 2015 as pointed out by the learned Standing Counsel.
The writ petition is dismissed as devoid of merits.
Order Date :- 15.7.2022 SA