ANUJ KUMAR MODANWAL v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO AND 4 OTHERS
WRIA/2557/2025 · 2025-03-04
Alok Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 126804 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 126804 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:13238 Court No. - 6 Case :- WRIT - A No. - 2557 of 2025 Petitioner :- Anuj Kumar Modanwal Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And 4 Others Counsel for Petitioner :- Ashutosh Mishra Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J.
1. Heard Sri Ashutosh Mishra, learned counsel for the petitioner as well as learned Standing Counsel for the respondents. 2. It has been submitted by learned counsel for the petitioner that petitioner has participated in the recruitment to the post of Constable pursuant to the advertisement issued by the respondents for U.P. Police (Civil Police) Direct Recruitment,
2023. The petitioner applied under the Other Backward Category and in the written examination which was conducted on 21.11.2024, he was declared successful and was asked to appear in the document verification and physical efficiency test. The petitioner appeared in the aforesaid tests at district Barabanki on 10.01.2025 and was declared unsuccessful inasmuch as, his chest measurement was not found in conformity with the prescribed measurement and hence his candidature was rejected. 3. The petitioner moved an application leveling certain allegations against the persons who were taking physical measurement by means of complaint dated 17.01.2025 and the complaint was duly entertained and the respondents again conducted physical efficiency test of the petitioner on
14.01.2025. In the review medical board there were five members of various fields including Sub Divisional Magistrate (Judicial), Block Education Officer, Circle Officer, Barabanki and an Additional Inspector of Police. In the fresh exercise, again chest as well as expanded chest measurement of petitioner was found below 5cm which was requisite qualification prescribed and accordingly, candidature of petitioner was again rejected. 4. The petitioner in the present case has challenged the order dated 24.01.2025 whereby his candidature has been rejected. The petitioner has submitted that the respondents have arbitrarily rejected his candidature and has also stated that in the
previous selection held for CRPF, the petitioner had qualified and at that stage his chest measurement were found to be within the parameters prescribed and prays for setting aside the impugned order dated 24.01.2025 and seeks direction to the respondents to re-consider his representation. 5. Learned Standing Counsel on the other hand has opposed the writ petition.
He has submitted that the petitioner being aggrieved by his physical efficiency test, specially pertaining to the measurement of his chest had moved an application levelling allegations against the persons who had conducted the said test. It is next submitted that considering the allegations levelled by the petitioner, fresh/review medical board was constituted and CCTV footage of the said test was also recorded. In the fresh test, chest of petitioner was measured 88cm and expanded chest was measured 98cm, the difference between both readings was less than 5cm and candidature of the petitioner has been rejected. 6. Considering the allegations relating to malafide levelled by the petitioner with regard to first physical test, the application of the petitioner was duly considered and disposed off by permitting him to appear before another Board consisting of five officers, and in the second physical efficiency test, again petitioner did not succeed as his measurements were found to be less then the prescribed standards. Hence this Court does not find any infirmity in the exercise conducted as per request made by the petitioner. 7. Considering the second ground raised by the petitioner that in the previous recruitment exercise for CRPF, he was successful. It is noticed that the Medical Board proceeds to examine a candidate on the basis of measurements of the particular test irrespective of the measurements of the previous physical efficiency test done in another recruitment exam. In the current measurement exercise petitioner's parameters were found below the standards prescribed. It is not the case of the petitioner that his measurements in the previous medical test be taken into account while considering his candidature for the recruitment for the post of Constable in the Recruitment, 2023. 8. No other point was urged by the petitioner while assailing the impugned order.
Apart from the above, it has been informed by learned Standing Counsel that as per directions of this Court certain candidates were re-examined where difference was less than 1cm and even the last date for such exercise is over and presently the recruitment process has proceeded further for finalization of select list. No ground for interference is made out at this stage. 9. The writ petition being devoid of merits is dismissed. Order Date :- 4.3.2025 A. Verma (Alok Mathur, J.) Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench