Allahabad High Court
Prem Nath Yadav vs State Of U.P. And 4 Others on 7 November, 2019
Author: Ashwani Kumar Mishra
Bench: Ashwani Kumar Mishra
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 38 Case :- WRIT - A No. - 16505 of 2019 Petitioner :- Prem Nath Yadav Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Jata Shankar Pandey Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J.
Pursuant to the orders passed on previous occasion, learned Standing Counsel has obtained instructions from the Chief Medical Officer concerned. As per the instructions, a Medical Board was constituted of three doctors and the petitioner was examined by the Board. As per the report of three member committee, which has been duly signed by them, petitioner does not suffer from flat foot.
From the materials placed, this Court is satisfied that petitioner has not been examined properly by the Medical Board and Appellate Medical Board and the action of the respondents in denying him appointment on the premise that petitioner is physically unfit cannot be sustained.
Photocopy of the medical report has been retained by the Court while the original copy of the medical report is being returned to the learned Standing Counsel. Its copy, however, shall be supplied to the counsel for the petitioner by learned Standing Counsel.
This petition, therefore, succeeds and is allowed. Petitioner shall also be entitled to refund of Rs. 5,000/- deposited with the Chief Medical Officer in terms of the previous order of this Court. Petitioner's claim for appointment shall be considered, within a period of six weeks from the date of presentation of certified copy of this order and his candidature would not be non-suited due to flat foot.
Order Date :- 7.11.2019 Ashok Kr.