Neutral Citation No. - 2025:AHC:31319 Court No. - 6 Case :- WRIT - A No. - 2824 of 2023 Petitioner :- Avnesh Maurya Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Bal Mukund Singh,Rajjan Singh,Shri Prakash Mishra,Vikram Bahadur Yadav Counsel for Respondent :- C.S.C. Hon'ble Neeraj Tiwari,J. 1. Heard learned counsel for the petitioner and Sri Hem Pratap Singh, learned counsel for the respondents. 2. Case was heard on 7.11.2024, Court has passed the following order:- "1. Heard learned counsel for the petitioner and Sri Hem Pratap Singh, learned counsel for the respondents. 2. Learned counsel for the petitioner prays for and is permitted to implead Medical Superintendent, Sir Sunder Lal Hosptial Varanasi University, Varanasi and Duputy Inspector General, PAC, Varanasi Range in the array of respondents as respondent Nos. 6 & 7 respectively, during the course of the day. 3. Sri Hem Pratap Singh, Advocate has accepted notice on behalf of respondent Nos. 6 & 7. 4. This Court vide order dated 18.04.2023 has passed the following order: "Supplementary affidavit has been filed, same is taken on record. The petitioner being aggrieved by rejection of his candidature on the post of Sub Inspector in UP Police on the ground that he is medically unfit has preferred the present writ petition. It is submitted that the medical board has illegally held that the petitioner is suffering from knock knee & spot in ear. It is submitted that the petitioner is working as Constable in PAC and parameters for medical fitness on the post of Constable and for the post of Sub-Inspector are identical. Thus, it is submitted that the medical board has not correctly examined the petitioner. Considering the peculiar facts of the present case, this Court finds appropriate to get the petitioner medically examined by an independent body. Accordingly, this Court directs the Chief Medical Officer, Varanasi to constitute a medical board to conduct medical examination of the petitioner in respect of deficiency pointed out by the medical board affirmed by Appellate Authority. For this purpose, the petitioner shall produce the order of this Court before the Chief Medical Officer who shall constitute a medical board and fix a date with due intimation to the petitioner, on which date, the petitioner shall appear for medical examination before the medical board. The report of the medical board shall be provided in the office of Chief Standing Counsel by the Chief Medical Officer in a sealed cover and shall be placed on the next date fixed. " 5. Pursuant to order dated 18.04.2023, Medical Board has been constituted for the medical examination of petitioner having Sir Sunder Lal Hosptial, Varanasi as member of the Board. Medical Board has also submitted its report on 23.06.2023, which is annexed along with short counter affidavit. 6. Sri Hem Pratap Singh, learned counsel for the respondents is directed to verify the genuineness of the report submitted by the Medical Board filing short counter affidavit within two weeks. 7. List this case on 21.11.2024 amongst top 10 cases." 3. Pursuant to the order of this Court dated 7.11.2024, Sri Hem Pratap Singh, learned counsel for the respondents has filed short counter affidavit verifying the genuineness of medical report dated 23.6.2023 referred in its order dated 7.11.2024. As per medical report dated 23.6.2023, petitioner is found medically fit for the appointment on the post in question i.e. Sub Inspector. 4. Therefore, under such facts and circumstances of the case, the writ petition is disposed of with direction to respondent no.7 to consider the case of petitioner in light of medical report dated 23.6.2023 and pass appropriate order maximum within a period of four weeks from the date of production of certified copy of this order. Order Date :- 5.3.2025 Junaid Digitally signed by :- JUNAID AHMAD High Court of Judicature at Allahabad Digitally signed by :- JUNAID AHMAD High Court of Judicature at Allahabad