ABHISHEK GUPTA v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. HOME LKO. AND 3 OTHERS
WRIA/2712/2025 · 2025-03-10
Alok Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 127429 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 127429 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:14355 Court No. - 6 Case :- WRIT - A No. - 2712 of 2025 Petitioner :- Abhishek Gupta Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Home Lko. And 3 Others Counsel for Petitioner :- Alok Kr. Misra Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J.
1. Heard Sri Alok Kr. Misra, learned counsel for petitioner as well as learned Standing Counsel for respondents. 2. It has been submitted by learned counsel for petitioner that petitioner had submitted online application on 08.01.2024 for recruitment to the post of Constable in civil Police and had also appeared in the written examination and qualified the same and thereafter he appeared in the document verification / physical standard test. 3. On 21.02.2025 the petitioner participated in the physical efficiency test and was asked to compete in the race for a distance of 4.8 k.ms., according to the rules, the petitioner was to complete the said race within 25 minutes but it seems that the petitioner completed the said race in 26 minutes and 7 seconds due to which his candidature has been rejected. It is in the aforesaid circumstances, present writ petition has been filed with a prayer to direct the respondents that re-conduct the physical test ( race test ) in order to qualify the petitioner in physical test by providing some relaxation. 4. It has been submitted that petitioner is in the category of dependent of freedom fighters and consequently he is entitled for horizontal reservation and the benefit of the reservation should be granted by the respondents by granting the aforesaid relief as prayed by the petitioner. 5. Learned Standing Counsel on the other hand has opposed the writ petition. He has submitted that minimum statutory prescriptions have already been prescribed in the advertisement where 4.8 k.ms. race has to be completed in 25 minutes time, there is dispute with regard to the fact that petitioner could not complete the race within 25 minutes and accordingly his candidature stands rejected. He further submits that there is provision for any relaxation so as to allow the petitioner to
complete the said race beyond 25 minutes as prescribed and accordingly the writ petition is devoid of merits and prayed for dismissal of the writ petition. 6. I have heard learned counsel for rival parties and perused the record. 7.
The only ground raised by the petitioner for seeking a relaxation for physical standard test so as to petitioner qualify the race test where the candidate has to be complete the race of 4.8 k.ms. within 25 minutes. The petitioner undoubtedly has completed the said race in 26 minutes and 7 seconds which is beyond the prescribed time. This Court further finds that there is no provision for relaxation of the benefit which could have been granted to the petitioner considering the fact that appointment is on the post of Constable in Civil Police undoubtedly a candidate has to be physically fit and should be able to cover a test of 4.8 k.ms. within 25 minutes which is also a reason that if any candidate cannot fulfill the said test his candidature is liable to be rejected and according this Court does not find any infirmity in the decision taken by the respondents. 8. for the aforesaid reasons, the writ petition stands dismissed. (Alok Mathur, J.) Order Date :- 10.3.2025 Ravi/ Digitally signed by :- RAVI SHANKAR SRIVASTAV High Court of Judicature at Allahabad, Lucknow Bench