KRISHNA KUMAR v. STATE OF U.P. THRU. ADDL. CHIEF PRIN. SECY. HOME DEPTT. LKO. AND 3 OTHERS
WRIA/2487/2025 · 2025-03-04
Alok Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 126310 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 126310 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:12949 Court No. - 6 Case :- WRIT - A No. - 2487 of 2025 Petitioner :- Krishna Kumar Respondent :- State Of U.P. Thru. Addl. Chief Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Petitioner :- Subhash Chandra Yadav,Ashwani Kumar Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J.
1. Heard Sri Subhash Chandra, learned counsel for petitioner as well as Sri Sandeep Singh, learned Standing Counsel for respondents.
2. It has been submitted by learned counsel for petitioner that petitioner had appeared in the recruitment for the Uttar Pradesh Constable Civil Police Direct Recruitment 2023 and after being successful in the written examination, he was called for document verification and physical standard test on 18.01.2025. In the physical test, the height of the petitioner was determined to be 167.5 c.m. and 167.4 c.m. which is less than the prescribed height of 168 c.m.
3. It is noticed that the petitioner was given opportunity twice and on both occasions, his height was determined to be less than minimum physical standards prescribed and therefore, the petitioner was declared to be unfit. It has further been stated that for similar circumstances other candidates have been
directed to appear for additional time before the board constituted by the respondents in this regard.
4. Learned Standing Counsel has submitted that board was duly constituted as per the directions of this Court and on the direction of this Court persons similarly situated were examined till 01.03.2025 till 02.00 p.m. and once the said medical board has been dissolved now the matter is before the recruitment body for further directions. The further process of the recruitment cannot be interfered by this Court at this stage.
5. Apart from the above, this Court finds that the petitioner had undergone the review medical board on 18.01.2025 and there is no reason disclosed in the writ petition as to why the petitioner waited for over one month before filing a writ petition and seeking a direction for re-examination of his height. During a
recruitment process, one month is extremely long length of time. Considering the fact that the entire timeline is given in the advertisement and is also communicated to the candidates. Further it is noticed that during physical verification test, in case the candidate is aggrieved by any of the determination made by such medical board, he has a right to file an appeal and the appellate medical board also is constituted and in the present case had examined the case of the petitioner where again his height was determined to the less than the prescribed standard. Accordingly, it cannot be said that the petitioner was not afforded adequate opportunity and in the aforesaid circumstances, the direction as sought by the petitioner cannot be granted and this Court under Article 226 of Constitution of India would not exercise its discretion in the peculiar circumstances of the case specially when the time prescribed for re--medical test is already over.
6. In view of the above, the writ petition stands dismissed. (Alok Mathur, J.)
Order Date :- 4.3.2025 Ravi/ Digitally signed by :- RAVI SHANKAR SRIVASTAV High Court of Judicature at Allahabad, Lucknow Bench