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Neutral Citation No. - 2025:AHC:23968 Court No. - 6 Case :- WRIT - A No. - 19124 of 2024 Petitioner :- Raj Upadhyay Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Ghan Shyam Yadav,Sonu Kumar Counsel for Respondent :- A.S.G.I.,Shashi Dhar Sahai Hon'ble Neeraj Tiwari,J.
1. Heard learned counsel for the petitioner and Sri Shashi Dhar Sahai, learned counsel for the respondents. 2. Present petition has been filed with the following prayer:
"a. Issue a writ order or direction in the nature of mandamus commanding and directing the respondent No. 2 and 3 to re-medical to the petitioner for the post of G.D. Constable in Central Armed Force(CAPFs)."
3. Learned counsel for the petitioner submitted that petitioner has appeared in recruitment of G.D. Constable in Central Armed Police Forces(CAPFs) and in the physical examination conducted on 10.10.2024 and review medical examination conducted on 19.10.2024, he was declared unfit due to defective colour vision CP IV. He next submitted that thereafter he got himself medically examined in Mahadev Prasad Tripathi Medical College, Siddharthnagar on 07.11.2024, where, no abnormality was found in the vision, therefore, review medical examination conducted by the respondent is bad. He lastly submitted that direction may be issued to respondent to conduct the fresh medical examination and give him appointment on the post of G.D. Constable. 4. Per contra, Sri Shashi Dhar Sahai, learned counsel for the respondents submitted that review medical examination is expert opinion, upon which no recommendation made by private hospital may not be accepted. Therefore, writ petition is liable to be dismissed. In support of his contention, he placed reliance upon judgments of this Court in the matters of State of U.P. And Others Vs. Raj Kumar Singh: 2015 4 ADJ 141, Safiqul Rahman Vs. State of Uttar Pradesh: 2008(10) ADJ 471 and Ravi Kumar Kaushal Vs. State of Uttar Pradesh:2007(9) ADJ 626. 5. I have considered the submission advanced by learned counsel
for the parties and perused the record. 6. There is no dispute on the fact that petitioner was declared unfit due to defective colour vision CP IV in the physical examination as well as in review medical examination, therefore, in light of judgments of this Court in the matters of Raj Kumar Singh(Supra), Safiqul Rahman(Supra) & Ravi Kumar Kaushal (Supra), no interference is required by this Court. 7. Writ Petition lacks merit and is hereby dismissed. 8.
No order as to costs. Order Date :- 19.2.2025 ADY Digitally signed by :- AMAR DEEP YADAV High Court of Judicature at Allahabad Digitally signed by :- AMAR DEEP YADAV High Court of Judicature at Allahabad Digitally signed by :- AMAR DEEP YADAV High Court of Judicature at Allahabad Digitally signed by :- AMAR DEEP YADAV High Court of Judicature at Allahabad