Allahabad High Court
Himanshu Singh vs State Of U.P. Thru. Prin. Secy. Home ... on 20 July, 2023
Author: Abdul Moin
Bench: Abdul Moin
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2023:AHC-LKO:47586 Court No. - 7 Case :- WRIT - A No. - 183 of 2023 Petitioner :- Himanshu Singh Respondent :- State Of U.P. Thru. Prin. Secy. Home Civil Secrett. Lko. And 2 Others Counsel for Petitioner :- Abhishek Singh,Akhand Kumar Pandey,Dharmendra Kumar Singh,Dharmendra Pratap Singh Counsel for Respondent :- C.S.C. Hon'ble Abdul Moin,J.
1. Heard learned counsel for the petitioner and learned Standing counsel appearing on behalf of the State-respondents.
2. In pursuance to the earlier order of this Court dated 14.07.2023, Shri Enamuddin Ahmad holding brief of Shri Shubham Tripathi, learned counsel for the King Georges Medical University, Lucknow is also present.
3. Shri Ahmad has also passed on a sealed envelop containing the findings of the medical board which was required to be constituted by this Court vide order dated 14.07.2023. The sealed cover has been opened and the findings seen by the Court which the Court proposes to indicate in this order.
4. With the consent of learned counsel appearing for the contesting parties, the instant writ petition is being finally decided.
5. Instant writ petition has been filed praying for the following main reliefs:-
"(i) Issue a writ, order or direction in the nature of certiorari quashing the result declared by the medical board dated 25.10.2022 and the result declared by the opposite party no.3/the review medical board dated 03.11.2022 declaring the petitioner to be unfit for the posts advertised vide advertisement no.PRPB-Do-2 (3VI.)/2020 dated February, 2021 (Contained as Annexure No. 6 and 7 respectively to this writ petition.
(ii). Issue a writ, order or direction in the nature of mandamus commanding the opposite parties or the appropriate authority to constitute a medical board for re-examination of the physical fitness of the petitioner in accordance with the statutory rules.
(iii). Issue a writ, order or direction in the nature of mandamus commanding the opposite parties to declare the petitioner successful and appoint him on the post as per his merit advertised vide advertisement no.PRPB-Do-2(3VI)/2020 dated February, 2021."
6. The facts of the case and the issues involved have been set forth by this Court in the order dated 14.07.2023 which, for the sake of convenience, is reproduced below:-
"1. Heard learned counsel for the petitioner as well as Mr. Sandeep Sharma, learned Standing Counsel for the respondents-State Authorities.
2. This petition under Article 226 of the Constitution of India has been filed for the following reliefs:-
"(a) Issue a writ, order or direction in the nature of certiorari quashing the result declared by the medical board dated 25.10.2022 and the result declared by the opposite party no.3/the review medical board dated 03.11.2022 declaring the petitioner to be unfit for the posts advertised vide advertisement no.PRPB-Do-2 (3VI.)/2020 dated February, 2021 (Contained as Annexure No. 6 and 7 respectively to this writ petition.
(b). Issue a writ, order or direction in the nature of mandamus commanding the opposite parties or the appropriate authority to constitute a medical board for re-examination of the physical fitness of the petitioner in accordance with the statutory rules.
(c). Issue a writ, order or direction in the nature of mandamus commanding the opposite parties to declare the petitioner successful and appoint him on the post as per his merit advertised vide advertisement no.PRPB-Do-2(3VI)/2020 dated February, 2021.
(d). To issue any other..........?"
3. The petitioner was a candidate for recruitment to the post of Sub-Inspector, Civil Police, and Platoon Commander, P.A.C. in respect of the Advertisement issued in the year 2021 under E.W.S. Category.
4. In the medical examination, the petitioner was declared unfit for the reason that he was suffering from hearing loss. Even the Review Medical Board did not find him fit for the same reason. After the petitioner got declared medically unfit for recruitment to the post of Sub-Inspector, Civil Police and Platoon Commander, P.A.C., he got himself operated upon. The petitioner, after got operated and cured, has approached this Court, seeking a direction for re-constitution of the edical Board for examining him.
5. Submission made on behalf of the petitioner is that the petitioner is absolutely fit for appointment on the post of Sub-Inspector/Platoon Commander as now he does not suffer from any medical unfitness.
6. Considering the aforesaid submission, the Registrar, KGMU, Lucknow is directed to constitute a Medical Board of experts (E & T) to find out whether the petitioner suffers from any disability or hearing impairment for which he is unfit to be appointed as Sub-Inspector/Platoon Commander.
7. The respondents may nominate one member to remain present during examination of the petitioner.
8. The petitioner is directed to appear before the Registrar, KGMU, Lucknow on Tuesday i.e. 18.07.2023 at 10 a.m. with all his testimonials about is identity.
9. Mr. Subham Tripathi, learned counsel for the KGMU, will communicate this order to the Registrar.
10. Mr. Sandeep Sharma, learned Standing Counsel, will communicate this order to the concerned Authority for nominating an expert/doctor to remain present during examination of the petitioner.
11. Copy of the result of the Medical Board, so constituted by the Registrar, KGMU, Lucknow shall be produced before this Court on the next date of listing.
12. Let this matter be listed on Thursday i.e. 20.07.2023."
7. In pursuance thereof, Shri Ahmad has passed on the recommendations of the medical board in a sealed envelope which has been opened by the Court.
8. The recommendation of the medical board is as under :-
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???????, ????????????, ???? ?? ??????? ??????- 4245/???? ??? ?????? 15.07.2023 ??? ??? ?????? WRIT A 183 of 2023, ??????? ???? ???? ????? ????? ? ???? ??? ??? ???? ???????? ????????, ???? ???? ???? ?????? ????? ???? ?????? 14.07.2023 ?? ????? ??? ????? ???? ??? ??? ???? ???????? ?????? ????? ???? ?????? 14.07.2023 ?? ????? ?????? ?? ??? ???? ???????? ?? ???? ?? ??????? ?? ???? ??? ????????? ????? ?? ??? ???? ??? ?????? 18.07.2023 ?? ???? ?? ?????? ??????? ????? ???? ???? ?????? ???? ??? ???
???? ?? ???? ??? ????????????? ???????? ?? ???? ??????- 20528 ??????- 17.07.2023 ?? ?????? ?????? 18.07.2023 ?? ??????? 10.30 ??? ?????????? ?? ????? ??? ??? ???? ?? ????????? ??????? ???? ?????? ????? ?? ???? ???? ?? ???, ?????? ?????????? ????? ??????? ???-
1.????? ???????? ???????, ????? ?????? ??? ??????? ??????????, ???? :???????
2.??? ????????? ?????, ???, ???, ??? ?????, ????????????, ???? : ?????
3. ??? ????? ?????, ?????????? ?????, ????????????, ???? : ?????
4. ??? ???? ????? ???????, Respondent i.e. State, ???? ?????? ????? ????? : ?????
?????? ????? ?? ??????? ?? ?????? ???? ?? ????????? ??????? ???? ?? ??????? ???????? ?????? ???? ???-
Final Impression:
On ENT examination Both tympanic membrane were found intact there is history of surgery done in left ear. For hearing assessment Pure Tone Audiometry was done and hearing was found within normal limits.
On neurological examination and CT Scan of head (plain & contrast). No apparent neurological defect seen.
????????? ????????? ????????? (??? ????????? ?????) (??? ????? ?????) (??? ???? ????? ???????) ????? ?????? ?????, ????? ?????? ?????, ????? ?????? ?????, ???, ???, ??? ????? ?????????? ?????, Respondent i.e. State, ???? ????????????, ????? ????????????, ????? ?????? ????? ????? ????????? (????? ???????? ???????) ??????? ?????? ?????, ????? ?????? ??? ??????? ??????????, ?????
9. From perusal of the report which has been given by the medical board vide its report dated Nil, it emerges that medical board has been constituted on 18.07.2023 and after examination of the petitioner, it was found that both tympanic membrane were intact and there is history of surgery done in left ear and for hearing assessment Pure Tone Audiometry was done and hearing was found within normal limits. Consequently it was concluded on neurological examination and CT Scan of head (plain & contrast), that no apparent neurological defect has been seen.
10. Considering the aforesaid report dated 18.07.2023 and there being no apparent neurological defect seen with respect to the petitioner, a mandamus is issued to the respondents to consider the case of the petitioner for the appointment on the advertised posts in pursuance to the advertisement no.PRPB-Do-2 (3VI.)/2020 dated February, 2021.
11. Let such a consideration be done within a period of four weeks from the date of receipt of a certified copy of this order.
12. With the aforesaid observation, the writ petition is disposed of.
13. Consequences to follow.
14. The medical report of the Board which has been passed on byShri Enamuddin Ahmad holding brief of Shri Shubham Tripathi, learned counsel for the King Georges Medical University, Lucknow is taken on record.
Order Date :- 20.7.2023 S. Shivhare