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2025 DAILYLAW 176701 (ALL)

PRIYANKA YADAV v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND 3 OTHERS

/14509/2025 · 2025-12-16

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 14509 of 2025 Court No. - 7 HON'BLE MANISH MATHUR, J. 1. Heard learned counsel for petitioner and learned state counsel for opposite parties. 2. Petition has been filed seeking following prayer:- "(1) Issue a writ, order or direction in the nature of Mandamus commanding and directing the Opposite Parties to conduct the physical efficiency test afresh and allow the petitioner to participate in the physical efficiency test on the post of Constable in Civil Police under dying-in-harness within stipulated period of time as fixed by this Hon'ble Court. " 3. It has been submitted that petitioner was unable to participate in physical efficiency test on 6th October 2025 owing to her being unwell. Medical certificates have been annexed to the writ petition to corroborate the same. It is, therefore, submitted that since petitioner was unable to participate in the physical efficiency test and her appointment pertains to compassionate appointment, the opposite parties were directed to consider the said aspect afresh. 4. In view of nature of prayer being made, which comes within the discretion of the authority concerned, liberty is granted to petitioner to make a fresh representation before concerned authority. In case such a representation is filed, the same is required to be decided in the light of judgment rendered by this Court in the case of Suman versus State of U.P. and others, Writ A No. 228 of 2023 as upheld in Special Appeal Defective No. 449 of 2023 and by Supreme Court in Special Leave to Appeal(C) No. 27593 of 2023 as well as judgment and order dated 26th April 2017 passed in writ petition No. 15721 Versus Counsel for Petitioner(s) : Anupam Shukla, Manish Vaish Counsel for Respondent(s) : C.S.C. Priyanka Yadav .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 3 Others .....Respondent(s) (S/S) of 2016 within a period of two weeks from the date a certified copy of this order is served upon the concerned authority. 5. The petition stands disposed of. December 16, 2025 prabhat WRIA No. 14509 of 2025 2 (Manish Mathur,J.) Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench