SHUBHAM RATHAUR v. STATE OF U.P. THRU. SECY. HOME LKO. AND 5 OTHERS
WRIA/6304/2025 · 2025-10-08
Manish Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 199980 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 199980 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 6304 of 2025 Court No. - 7 HON'BLE MANISH MATHUR, J. (1) Heard learned for petitioner and learned State Counsel for the opposite parties. (2) Petition has been filed challenging the order dated 17.05.2025 whereby the petitioner has been disqualified for selection and appointment on the post of Constable in Civil Police on the ground of having flat feet. (3) Learned counsel for petitioner has drawn attention to the Certificate issued by the Professor & Head, Department of PMR, King George's Medical University, U.P., Lucknow dated 21.05.2025 and submits that the Certificate clearly indicates that the petitioner is not suffering from flat feet. (4) Learned State Counsel has refuted the submissions advanced by the learned counsel for the petitioner with the submission that the petitioner has been disqualified on the basis of the report of the Medical Board which was constituted in terms of the relevant Rules and the process of selection and recruitment is already over with the selected candidates having already been sent for training. (5) Learned State Counsel has placed reliance on judgment rendered by co- ordinate Bench of this Court in the matter of Mayank Chaudhary v. State of U.P. and others, Writ-A No. 7474 of 2025 as upheld in Special Appeal Defective No. 434 of 2025, Mayank Chaudhary v. State of U.P. and others to submit that similarly circumstanced person had filed a writ petition which was dismissed on the ground that the petition has been filed belatedly when Versus Counsel for Petitioner(s) : Manoj Sahu Counsel for Respondent(s) : C.S.C. Shubham Rathaur .....Petitioner(s) State Of U.P. Thru. Secy. Home Lko. And 5 Others .....Respondent(s)
the final results of selected candidates have already been published and no further exercise is pending before the authority. (6) Upon consideration of submissions of learned counsel for parties and perusal of material on record, it is evident that petitioner's disqualification has been indicated on the basis of report submitted by the Medical Board indicating flat feet. There is contradiction with regard to the aforesaid medical opinion by the Professor & HoD of King George's Medical University, U.P., Lucknow, as indicated here-in-above.
(7) So far as judgment relied upon by the learned State Counsel is concerned, it is evident that in the said petition, there was no contradictory medical opinion before the Court concerned and it is in such circumstances that the petition was dismissed on the ground of having been filed belatedly. (8) In the considered opinion of this Court, since in the present case, a contradictory medical opinion is on the record, the judgment would not be applicable. (9) In view of the facts and circumstances of the case, since it is a material aspect of contradictory medical opinion with regard to the disability of the petitioner, opposite party Nos. 3, 5 and 6 are conjointly directed to constitute a Medical Board for re-examination of the petitioner's disability. Such a Board shall be constituted within 10 days from the date of this order is served on the concerned authority. Report with regard to the same shall be submitted within a period of three weeks thereafter. In case the report is favourable to the petitioner, appropriate authority is directed to take final decision with regard to petitioner's grievance pertaining to selection for the aforesaid post, within a period of 10 days thereafter. (10) With the aforesaid direction, the petition stands disposed of. October 8, 2025 lakshman WRIA No. 6304 of 2025 2 (Manish Mathur,J.) Digitally signed by :- LAKSHMANA KUMAR TAMMANA High Court of Judicature at Allahabad, Lucknow Bench