AAKASH KUMAR v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. LKO. AND 2 OTHERS
WRIA/6875/2025 · 2025-06-27
Kshitij Shailendra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 147218 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 147218 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:36643 Court No. - 4 Case :- WRIT - A No. - 6875 of 2025 Petitioner :- Aakash Kumar Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And 2 Others Counsel for Petitioner :- Shashank Pandey,Nisha Tiwari,Ram Charitra Pandey Counsel for Respondent :- C.S.C. Hon'ble Kshitij Shailendra,J.
1. Heard learned counsel for the petitioner and learned Standing Counsel for the respondents.
2. The grievance of the petitioner is that though he qualified other tests relating to selection on the post of U.P. Police Constable, he could not appear in the physical efficiency test, more specifically race, on account of his confinement in jail pursuant to registration of case at Crime No.564 of 2024 (State Vs. Akash and others). It is urged that the petitioner was confined in imprisonment on 19.12.2024, however, he was released on bail on 19.05.2025 and not only from the jail but also after his release, the petitioner moved representation before the respondents no.2 and 3, respectively, requesting grant of opportunity to participate in physical efficiency test.
3. Learned Standing Counsel submits that the test of candidates was conducted in February, 2025 and since at the time of moving of first application on 22.02.2025 the petitioner was not released on bail, there was no occasion to grant any opportunity to him. It is further submitted that since the selection process is over, the Board has become functus officio in the matter.
4. Be that as it may, as of now, the petitioner is out of jail and subsequent application dated 06.06.2025 addressed to the respondent no.3 has still not been considered.
5. The writ petition is, accordingly, disposed of directing the respondent no.3 to consider the petitioner's request in accordance with law within a period of two weeks from the date a true attested copy of this order is filed alongwith fresh application before him.
6. In case, during the course of consideration of petitioner's application, necessary guidelines/ approvals are required at any level, the same shall be given due consideration by the competent authority.
7. It is made clear that this Court has not expressed any opinion on the merits of the claim of the petitioner and it shall be considered by the authority, as directed above. Order Date :- 27.6.2025 AKShukla/- Digitally signed by :- ANIL KUMAR SHUKLA High Court of Judicature at Allahabad, Lucknow Bench