RAMA KANT SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 3 OTHERS
WRIA/1628/2025 · 2025-02-17
Alok Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 122259 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 122259 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:10421 Court No. - 6 Case :- WRIT - A No. - 1628 of 2025 Petitioner :- Rama Kant Singh Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Petitioner :- Haridwar Singh (H.D.Singh ),Sudhakar Mishra Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J.
1. Heard Shri Haridwar Singh, learned counsel for the petitioner and learned Standing Counsel for the State- respondents. 2. It has been submitted by learned counsel for the petitioner that the petitioner had appeared in the recruitment process for the post of Constable in Civil Police, for which the advertisement was issued on 23.12.2023. The petitioner appeared in the written examination held on 23.08.2024 and was declared successful and was again issued another admit card for appearance in the documents verification and physical standards test. The physical test was conducted on 08.01.2025 and as the height of the petitioner was 167.6 cms, he was held to have been not qualified in the said examination, inasmuch as, the minimum height requirement was 168 cms. 3. It is in these circumstances the petitioner has stated that he has made repeated representations but still he has not been permitted to appear before the Review Medical Board and he has a legal right to appear for review test of his height and as the respondents have not permitted him to appear to review the medical test, he has prayed for a direction to the opposite parties to remeasure the height of the petitioner and permit him
to appear in the physical efficiency test. 4. Learned Standing Counsel, on the other hand, has opposed the writ petition on the basis of written instructions received from Additional Secretary (Recruitment), U.P. Police Recruitment and Promotion Board, Lucknow. It has been submitted that height of the petitioner was found to be 167.6 cm, which was less than the minimum prescribed height. It has further been stated that the petitioner had a right to move a representation against his rejection and for re-examination of his height as per rules but the petitioner did not give any representation and consequently, the case of the petitioner could not be considered for re-measurement of his height. 5.
Learned Standing Counsel has also produced a letter of the Police Recruitment Promotion Board dated 14.02.2025, according to which a medical board has already been constituted at Lucknow and any re-examination with regard to the height can be done by the said recruitment board. 6. The petitioner does not dispute the aforesaid facts and submits that the petitioner would appear before the said Board at Lucknow. 7. I have considered the arguments and perused the records. The facts are not in dispute inasmuch as the petitioner has been rejected only on account of his height being less than the minimum prescribed height required for appointment to the post of Constable. This fact is also undisputed that the petitioner had a remedy with regard to re-measurement of his height where in the first instance his height was found to be below the required standards. 8. Accordingly, it is a fit case of interference under Article 226 of the Constitution of India. 9. Considering the aforesaid facts and circumstances, the petitioner is directed to move a representation before the opposite party no.3- Chairman/ Secretary, Uttar Pradesh Police Recruitment and Promotion Board, Lucknow within a period of one week from today and on receipt of the same, the petitioner shall be fully re-examined with regard to his height by the Medical Board constituted at Lucknow. The petitioner further undertakes that he shall be satisfied with the said result and will not agitate the matter any further. 10. With the aforesaid directions, the writ petition is disposed of. (Alok Mathur, J.) Order Date :- 17.2.2025 Arnima Digitally signed by :- ARNIMA SINGH High Court of Judicature at Allahabad, Lucknow Bench