Allahabad High Court
Sukh Nand Mishra vs State Of U.P. Thru. Addl. Chief Secy. ... on 15 April, 2024
Author: Abdul Moin
Bench: Abdul Moin
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2024:AHC-LKO:30202 Court No. - 6 Case :- WRIT - A No. - 2664 of 2024 Petitioner :- Sukh Nand Mishra Respondent :- State Of U.P. Thru. Addl. Chief Secy. (Forest Deptt.) Lko. And 3 Others Counsel for Petitioner :- Madan Gopal Tripathi Counsel for Respondent :- C.S.C.,Gaurav Mehrotra,Saurabh Shankar Srivastava Hon'ble Abdul Moin,J.
In pursuance to the order of this Court dated 02.04.2024, the medical report submitted today in Court in a sealed cover by Sri Shubham Tripathi, learned counsel who appears on behalf of the King George's Medical University,, Lucknow be kept on record.
Heard the learned counsel for the petitioner, learned Standing counsel appearing on behalf of the respondents no. 1, 3 & 4, Sri Saurabh Shankar Srivastava, learned counsel for the respondent no. 2 and Sri Shubham Tripathi, learned counsel appearing on behalf of the King George's Medical University, Lucknow.
There is consensus at bar that the facts of the case have already been set forth in the order dated 02.04.2024 as modified vide order dated 04.04.2024 which for the sake of convenience, both the orders dated 02.04.2024 & 04.04.2024 respectively are reproduced as under:-
Order dated 02.04.2024 "1. Heard learned counsel for the petitioner, learned Standing counsel for respondent Nos.1, 3 & 4 and Shri Saurabh Shankar Srivastava, learned counsel who has filed his vakalatnama on behalf of respondent No.2, which is taken on record.
2. Shri Shubham Tripathi, learned counsel for King George's Medical University, Lucknow, Uttar is also present before this Court.
3. The instant petition has been filed contending that despite the petitioner having been declared successful in the written examination for the post of Forester yet in the physical examination of measurement of height of the petitioner, which as per rules should have been 163 cms., the height of the petitioner was found to be only 162.6 cms. and the petitioner has been declared as unqualified in the said examination.
4. The contention of learned counsel for the petitioner is that subsequent to the medical examination that had been conducted by the Committee comprising of six members constituted by the respondents No.3 & 4, he got himself examined in a government hospital namely District Memorial Male Hospital, Balrampur wherein his height has been indicated by the Medical Officer as 163.4 cms., a copy of which is annexure 8 to the petition.
5. The contention is that the respondents have patently erred in measuring the height of the petitioner although the said measurement has been done twice and consequently, considering the report of the government hospital wherein height of the petitioner is found to be 163.4 cms. i.e. more than the minimum height as specified under the rules, the respondents be required to appoint the petitioner by declaring himself as having passed in the said examination in the physical category.
6. However, Shri Saurabh Shankar Srivastava, learned counsel for the respondent No.2 argues that subsequent to the petitioner having been examined twice by the Committee as aforesaid, his height was found to be less than the standard height i.e. less than 163 cms. The petitioner was also satisfied with the measurement of his height by the said Committee. Subsequent thereto, there is also a physical test of running which has also been completed by the other candidates and as the petitioner had failed in the height test consequently, he was not called for running and thus, at this stage, the Court may not grant any indulgence to the petitioner.
7. Having heard the learned counsels for the parties and perused the record, what, prima facie, is apparent is that admittedly, the height required for the post of Forester, to which the petitioner had applied, is 163 cms. under the rules. The Committee constituted for measurement of the height twice indicated the height of the petitioner as 162.6 cms. Subsequent thereto, the petitioner has had himself examined in a government hospital who has certified the height of the petitioner to be 163.4 cms.
8. Considering the aforesaid incongruity which has appeared in the height of the petitioner - as measured by the Committee of officials of respondents vis-a-vis the height as indicated by the government hospital, the Court thus proposes to have the height of the petitioner examined by a Medical Board keeping in view the similar order that has been passed by this Court in Writ A No.16254 of 2019 in Re: Naveen Kumar and 3 Ors. Vs. State of U.P. and Ors. dated 07.04.2023 as well as the judgment of this Court passed in the case of Anup Kumar Shukla Vs. State of U.P. and Others in Civil Misc. Writ Petition No.7193 of 2010 decided on 18.05.2011.
9. Accordingly, the Vice-Chancellor of King George's Medical University, Lucknow, Uttar Pradesh is directed to constitute a three members Medical Board of eminent doctors, which would include two Professors from the Orthopedics Department and one Professor from the General Medicine Department to test the height of the petitioner and to submit its report within a period of one week from the date the petitioner appears before the said Committee.
10. Accordingly, the Court requires the petitioner to appear before the aforesaid Board on 06.04.2024 along with the Government I.Ds and Educational testimonials for his identification. The Board will examine the petitioner with regard to his height and give its report in a sealed cover envelope to Shri Shubham Tripathi, learned counsel for the King George Medical University, who will submit the said report before this Court on the next date of listing.
11. List this case on 15.04.2024 as fresh.
12. As this order has been passed in peculiar facts of the case considering two contradictory reports, as indicated above, pertaining to the height of the petitioner and in order to sieve out other unsuccessful persons from approaching this Court with frivolous pleas as such the Court requires that an amount of Rs.25,000/- be deposited by the petitioner within three days before the Senior Registrar of this Court, failing which the petitioner would not be eligible to appear before the Board on 06.04.2024. In case the report submitted by the Medical University indicates the height of the petitioner to be above 163 cm then the aforesaid amount shall be returned to the petitioner else the same stand forfeited.
13. Whenever, the case is listed next, the name of Shri Saurabh Shankar Srivastava be indicated from the side of respondent.
14. Learned counsel for the petitioner as well as learned Standing counsel and Shri Saurabh Shankar Srivastava shall inform about this order in writing to Shri Shubham Tripathi, learned counsel for the Medical University within 48 hours.
15. A copy of the writ petition shall also be given to Shri Shubham Tripathi within the aforesaid period of time.
16. Let a copy of this order be made available to all the counsels within 24 hours as per rules."
Order dated 04.04.2024 "Order on I.A.No. 04. 2024
1. This application has been taken up on the urgency expressed by Sri Saurabh Shankar Srivastava, learned counsel for the respondent.
2. This is an application for modification of the order dated 02.04.2024 passed by this Court filed by the respondent no. 2.
3. By means of the order dated 02.04.2024, the Court while recording the detailed reasons has required the medical examination of the petitioner to be conducted by the King Georges Medical University, Lucknow for the ascertainment of the height of the petitioner.
4. By means of the modification application, Sri Saurabh Shankar Srivastava, learned counsel for the respondent no. 2 points out that keeping in view the escalating instances of impersonation among the examination candidates, the respondent no. 2 had taken a decisive action and for the purpose of the said security measures, a Standard Operating Procedure (hereinafter referred to as "SOP") dated 05.02.2024 was devised and implemented for the examination of Forester. Under the said protocol, the candidates were required to undergo iris scan and facial data collection through sophisticated facial recognition software during the written examination. It is prayed that in order to ascertain the identity of the petitioner before the Board of the Medical University, the Court may allow the representative of respondent no. 2 to be present at the Medical University on 06.04.2024 and the said representative be allowed to conduct the necessary iris scan and facial recognition to conform that it matches with the previous biometric data of the petitioner collected at the time of the written examination before he undergoes the height measurement examination.
5. Sri Madan Gopal Tripathi, learned counsel for the petitioner does have any objection to a representative of the respondent no. 2 to be present for conduct of necessary iris scan and facial recognition of the petitioner.
6. Considering the aforesaid, the order dated 02.04.2024 is modified to the extent that before the physical examination of the petitioner which would be conducted on 06.04.2024, the representative of the respondent no. 2 would be present to carry out the iris scan and facial recognition examination of the petitioner to ascertain his identity and only after the identity of the petitioner is ascertained as correct that the physical examination shall be conducted by the Medical Board.
7. Accordingly, the application is disposed of.
8. Let a copy of this order be made available to all the counsels within 24 hours per rules."
From a perusal of the aforesaid orders it emerges that the petitioner, a candidate for the post of Forester/ Van Daroga being aggrieved with his height being found 162.6 Cms viz-a-viz the height of 163 Cms as per rules has approached this Court.
Seeing the contradictory medical reports, this Court was of the view that a medical board be constituted by the Vice Chancellor of the King George's Medical University, Lucknow to examine the height of the petitioner and an amount of Rs. 25,000/- be deposited by the petitioner which was to be forfeited in case the height of the petitioner is found as per the height recorded by the respondents.
Today, Sri Shubham Tripathi, learned counsel appearing on behalf of the King George's Medical University, Lucknow produced the report in a sealed cover. The sealed cover has been open in front of learned counsel appearing on behalf of all the contesting parties and the report comprising of three doctors of the medical university has been perused wherein they have categorically recorded after medical examination that the height of the petitioner has been found to be 162.6 Cms.
Considering the aforesaid, no case for grant of any relief to the petitioner is made out. Accordingly, the writ petition is dismissed.
The amount of Rs. 25.000/- as deposited by the petitioner also stands forfeited to be transmitted by the learned Senior Registrar of this Court to the High Court Legal Services Sub-Committee, Lucknow.
Order Date :- 15.4.2024 Pachhere/-