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2025 DAILYLAW 149705 (ALL)

ROHIT v. STATE OF U.P. THRU. ITS PRIN. SECY. HOME DEPTT. AND 2 OTHERS

WRIA/7186/2025 · 2025-08-28

Manish Mathur

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 7186 of 2025 Court No. - 8 HON'BLE MANISH MATHUR, J. 1. Heard learned counsel for petitioner and learned State Counsel for opposite parties. 2. Learned counsel for petitioner is granted liberty to implead the Chief Medical Officer, Lucknow as opposite party no.4 during the course of day. 3. Notice on behalf of newly impleaded opposite party has been accepted by learned State Counsel. 4. Petition has been filed challenging medical report dated 20.05.2025 and the re-medical report dated 16.06.2025/17.06.2025 whereby petitioner has been declared unsuccessful for recruitment on the post of Assistant Radio Operator on the ground that his distant vision is diminished. Further prayer for re-medical examination by Medical Board has also been sought. 5. Learned counsel has adverted to annexure-1 to the counter affidavit dated 27.05.2025 to submit that as per the medical report, a distant eye vision of petitioner has been indicated as 6/18 and 6/18 in both eyes but indicates a different result in the appellate report as 6/9 and 6/18. 6. It is, therefore, submitted that there is clear discrepancy with regard to eye vision of petitioner in both reports. He has also adverted to the Medical Certificate dated 30.06.2025 issued by the Government Medical College and Superficiality Hospital, Azamgarh brought on record as annexure-3 to the rejoinder affidavit to submit that the said report clearly indicates eye vision of petitioner being 6/9 and 6/6. Versus Counsel for Petitioner(s) : Ravi Kumar Verma Counsel for Respondent(s) : C.S.C. Rohit .....Petitioner(s) State Of U.P. Thru. Its Prin. Secy. Home Deptt. And 2 Others .....Respondent(s) 7. It is, therefore, submitted that there is clear contradiction in the report pertaining to distant eye vision of petitioner. 8. Learned State Counsel has refuted submissions advanced by learned counsel for petitioner with the submission that in effect the initial medical report as well as appellate medical report clearly indicates diminished eye vision of petitioner due to which his candidature has been rightly rejected. 9. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, as per discussion made hereinabove, it is evident that there are three distinct medical reports pertaining to distant eye vision of petitioner. The report relied upon by petitioner has also issued by Government Medical College. 10. In view thereof, since the discrepancy is clearly evident, the opposite opposite party no.4 i.e. Chief Medical Officer, Lucknow is directed to constitute a Medical Board for examination of petitioner with regard to distant eye vision. Such a Board shall be constituted within a period of ten days from the date a certified copy of this order is served upon the said authority and final decision thereupon shall be taken within a period of ten days thereafter. Further prospect of petitioner's recruitment on the said post that shall be dependent on the report of the fresh Medical Board as accepted by the authorities concerned. This order shall not be treated as a precedent. 11. With aforesaid directions, petition stands disposed of. August 28, 2025 Satish WRIA No. 7186 of 2025 2 (Manish Mathur,J.) Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench