HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 2796 of 2022 Court No. - 7 HON'BLE MANISH MATHUR, J. 1. Heard Mr. Virendra Kumar Shukla, learned counsel for petitioner and learned State Counsel appearing on behalf of opposite parties. 2. Petition has been filed challenging order dated 25.04.2022 rejecting petitioner's representation for appointment on the post of Constable in pursuance of the advertisement issued. 3. It has been submitted that earlier petitioner was declared medically unfit for the same on account of defective hearing loss and ear perforation in the Medical Examination held on 10.03.2021. The Medical Board agreed with the finding of the examining doctor. 4. It is submitted that the aforesaid disability was not permanent but only temporary in nature which is evidenced by the fact that petitioner subsequently underwent surgery for the same and it was declared that there is no perforation. Certificate of attending doctor dated 25.03.2021 issued by the Mahamaya Rajkiya Medical College And Hospital Ambedkarnagar has been brought on record Versus Counsel for Petitioner(s) : Virendra Kumar Shukla Counsel for Respondent(s) : C.S.C. Vinay Yadav .....Petitioner(s) State Of U.P. Thru . Prin. Secy. Of Home Civil Secrtt. Lko And 3 Others .....Respondent(s) as Annexure No.5 to the writ petition. 5. In view thereof, it is submitted that subsequent to petitioner’s rejection, since the temporary disability has already been removed, it was incumbent upon the opposite parties to have considered the same. 6. Learned State counsel on the basis of counter affidavit has denied submissions advanced by learned counsel for petitioner with the submission that as on the date of physical examination, petitioner was admittedly suffering from the said disability due to which his candidature was rightly rejected. It has also been submitted that as per the guidelines issued on 02.03.2021, IIIrd Medical Board is impermissible. 7. Upon consideration of submissions advanced by learned counsel for parties and perusal of material available on record, the facts as indicated here- in-above are admitted to the effect that petitioner subsequently underwent surgery for the disability indicated on 10.03.2021. It is evident that the surgery was conducted in a Government Hospital and a certificate by the attending doctor has been issued in April 2021, which is subsequent to petitioner’s rejection. 8. The aforesaid certificate therefore evidences the fact that petitioner's disability was merely temporary and not permanent in nature and stood corrected by the surgery he underwent. 9. In view thereof, the concerned opposite parties are directed to constitute a Medical Board for re- examination of petitioner's candidature in the light of the corrective surgery. In case petitioner WRIA No. 2796 of 2022 2 succeeds, his candidature for appointment on the post of Constable shall be considered by authorities concerned. The aforesaid activities shall be concluded expeditiously within a period of three months from the date a certified copy of this order is served upon concerned authority. 10. With the aforesaid observations and directions, petition succeeds and is allowed. Parties to bear their own costs. October 31, 2025 Subodh/- WRIA No. 2796 of 2022 3 (Manish Mathur,J.) Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench