RAHUL KUMAR CHAUDHARY v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 2 OTHERS
WRIA/1209/2025 · 2025-02-19
Alok Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 120455 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 120455 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:10925 Court No. - 6 Case :- WRIT - A No. - 1209 of 2025 Petitioner :- Rahul Kumar Chaudhary Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others Counsel for Petitioner :- Durga Prasad Shukla,Vivek Mishra Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J.
1. This Court had considered the rival contentions and passed an interim order on 06.02.2024 which reads as under: -
"1. This petition has been filed by the petitioner with the following reliefs:-
"(i) To issue a writ, order or direction in the nature of Mandamus commanding the opposite parties to remeasure the chest of the petitioner under process of DV/PST (Document Verification/Physical Standard Test) for U.P. Police Constable Civil Police Direct Recruitment-2023 held on 17.01.2025 at Police Line, Barabanki, conducted by the opposite parties in pursuance of Advertisement dated 23.12.2023 and take into consideration only this measurement of chest of the petitioner for further proceedings. (ii) To issue a writ, order or direction in the nature of Mandamus commanding the opposite parties not to give effect to the measurement of Chest of the petitioner measured on 17.01.2025 at Police Line, Barabanki in further proceedings."
2. The contention of learned counsel for the petitioner is that the chest measurement as per the rule to be minimum 79 centimeters and after expansion to be 84 centimeters. In the medical examination, the measurements of the chest of the petitioner was 93 centimeters which have been incorrectly measured as 95 centimeters and after expansion it was 99.5 centimeters. 3. On the basis of instructions, learned Standing Counsel has submitted that the measurements were taken again on the application of the petitioner in which chest was found to be 95.4 centimeters and after expansion to be 99 centimeters which are not as per the rule. 4. Learned counsel for the petitioner submitted that this discrepancy
is coming because the respondents are measured unexpanded chest of the petitioner which is 93 centimeters to be 95 centimeters and therefore, this error is coming. He has prayed that the physical verification be made by an independent body. 5. Let The Chief Medical Officer, Lucknow constitute a medical team for chest measurement of the petitioner and submit its report to this Court within one week after the measurements are done. 6.
The petitioner shall approach the Chief Medical Officer, Lucknow on 13.02.2025 along with certified copy of this order and the Chief Medical Officer, Lucknow is directed to carry out the measurement of the petitioner's chest within three days by constituting a three member team and submit its report as directed above. 7. This order be communicated to the CMO, Lucknow by learned counsel appearing for the respondents by 10.02.2025 for necessary compliance. 8. List this case on 19.02.2025."
2. The petitioner was subjected to a Medical Board constituted by the Chief Medical Officer, Lucknow, who has submitted his report dated 17.02.2025 through the learned Standing Counsel. According to which the chest without expansion is 90.50 cm and chest with expansion is 97.50 cm. Accordingly the difference between both reading is 7 cm, which is more than the prescribed difference of 5 cm. The medical examination conducted during the physical efficiency test, the difference was less than 5 cm and accordingly for the said reason, the petitioner's candidature was rejected. 3. It is in the aforesaid circumstances, this Court had subjected the petitioner to independent medical board which was constituted by the Chief Medical Officer, Lucknow, who has also subjected the petitioner to a medical test, the details of which has been enclosed along with the report. 4. In the aforesaid circumstances, let the copy of the report which has been submitted before this Court be placed before the opposite party no.2, Additional Secretary (Recruitment) Uttar Pradesh Police Recruitment and Promotion Board, Lucknow, who shall take into the
said certificate and pass appropriate orders with regard to the physical efficiency test of the petitioner. Considering the fact that the reading now indicates that the petitioner does not have any infirmity with regard to the chest expansion. The said reading to have been treated to be part of the record of the respondents and the petitioner be permitted to proceed further in the recruitment process/ physical efficiency test. 5.
Let the original report be kept on the file of this Court and a copy of the record duly authenticated by the office of the Chief Standing Counsel be forwarded to opposite party no.2 for necessary action forthwith. 6. With the aforesaid directions, the petition stands disposed of. [Alok Mathur,J.] Order Date :- 19.2.2025 KR Digitally signed by :- RABINDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench