HRADESH KUMAR AND 4 OTHERS v. STATE OF U.P. THRU. ITS ADDL. CHIEF SECY./PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
WRIA/2786/2025 · 2025-03-11
Alok Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 128075 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 128075 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:14903 Court No. - 6 Case :- WRIT - A No. - 2786 of 2025 Petitioner :- Hradesh Kumar And 4 Others Respondent :- State Of U.P. Thru. Its Addl. Chief Secy./Prin. Secy. Home Deptt. Lko. And Another Counsel for Petitioner :- Shiv Kumar Yadav,Ashish Kumar Gupta,Ashok Kumar Bhaskar,Ashwani Kumar Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J.
1. Heard learned counsel for petitioners as well as learned Standing Counsel for respondents.
2. It has been submitted by learned counsel for petitioners that petitioners had appeared in the recruitment for the Uttar Pradesh Constable Civil Police Direct Recruitment 2023 and after being successful in the written examination, they were called for document verification and physical standard test on
10.01.2025. In the physical test, the height of the petitioners was determined to be less than the prescribed height of 168 c.m.
3. It is noticed that the petitioners were given opportunity twice and on both occasions, his height was determined to be less than minimum physical standards prescribed and therefore, the petitioners were 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's height was measured twice and on the both the occasions their height was less that the prescribed standard and there is no reason disclosed in the writ petition as to why the petitioners waited for over one month before filing a writ petition and seeking a direction for re-examination of their 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 appear before review medical board and subsequently file an appeal and the appellate medical board also is constituted for the purpose. Accordingly, it cannot be said that the petitioners were not afforded adequate opportunity and in the aforesaid circumstances, the direction as sought by the petitioners 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.
Order Date :- 11.3.2025 A. Verma (Alok Mathur, J.) Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench