Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 11587 (ALL)

JYOTI SRIVASTAVA v. STATE OF U.P. AND 3 OTHERS

WRIA/1058/2025 · 2025-02-12

Ajit Kumar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:21156 Court No. - 4 Case :- WRIT - A No. - 1058 of 2025 Petitioner :- Jyoti Srivastava Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ritesh Kumar Agrahari,Sanjay Pandey Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. Heard Sri Ritesh Kumar Agrahari, learned counsel for the petitioner and learned Standing Counsel for the State respondents. By means of this petition filed under Article 226 of the Constitution, petitioner has prayed for interim mandamus to the respondent No.- 2 to permit him to give one more opportunity to the petitioner in physical fitness test so as to correctly measure his height. According to petitioner, in the last selection held for the post of Sub-Inspector petitioner's height was measured as 152 cm. whereas fourth time measurement has been done in the present selection and four different measurements have come to be recorded and this itself casts doubt as to the quality of the equipment that has been used to measure the height. Learned Standing Counsel submits that petitioner has been put to physical fitness test four times and has not been able to pass the test as to height and mere difference of certain centimeters amongst four fitness tests will not entitle him to get one more opportunity. According to the learned Standing Counsel, this is not a case where petitioner can be said to be missing the running speed by a fraction of second. Having heard learned counsel for the respective parties and having perused the records, I find that there to be no such evidence brought on record to show that the physical test which was earlier held for the selection on the post of Sub-Inspector, petitioner's height was measured as 152 cms and, therefore, there is no evidence coming fourth which can be relied upon. Insofar as the four physical tests that have already been conducted in which petitioner has not been able to succeed on account of not getting his height measured as 152 cms, I do not find any flaw, nor do I find any motive of ill will or mala fides. Physical fitness tests are held by a body of experts of the field with prescribed equipment and so this Court cannot take a different view as if sitting in appeal. In such above view of the matter, therefore, I do not find any good ground to grant indulgence in the matter to offer one more opportunity to the petitioner as sufficient opportunity has already been given to the petitioner and petitioner has not been to pass the physical test. Accordingly, I do not find any force in the petition. Petition lacks merit and is, accordingly, dismissed. Order Date :- 13.2.2025 Atmesh Digitally signed by :- ATMESH KESARI High Court of Judicature at Allahabad