AVANEESH DWIVEDI v. STATE OF U.P. THRU. CHIEF SECY. CIVIL SECTT. LKO AND 2 OTHERS
WRIA/2651/2025 · 2025-03-07
Alok Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 127297 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 127297 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:13994 Court No. - 6 Case :- WRIT - A No. - 2651 of 2025 Petitioner :- Avaneesh Dwivedi Respondent :- State Of U.P. Thru. Chief Secy. Civil Sectt. Lko And 2 Others Counsel for Petitioner :- Meva Lal Yadav,Saddam Khan Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J.
1. Heard 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 dated 23.12.2023 issued by the U.P. Police Recruitment and Promotion Board Lucknow. The petitioner applied 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 Ayodhya on 03.01.2025 and was declared unsuccessful inasmuch as, his chest measurement was not found 3 c.m. short of the required chest measurement for the constable which is in conformity with the prescribed measurement and hence his candidature was rejected. 3. It is noticed that the petitioner was given opportunity twice and on both occasions, his chest measurement 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 chest measurement. 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 chest measurement 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 :- 7.3.2025 Ravi/ Digitally signed by :- RAVI SHANKAR SRIVASTAV High Court of Judicature at Allahabad, Lucknow Bench