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2025 DAILYLAW 32174 (ALL)

SHYAM BABOO AND ANOTHER v. STATE OF U.P. AND ANOTHER

WRIA/3717/2025 · 2025-04-20

Ajit Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:58471 Court No. - 4 Case :- WRIT - A No. - 3717 of 2025 Petitioner :- Shyam Baboo And Another Respondent :- State of U.P. and Another Counsel for Petitioner :- Anurag Shrivastava,Avdhesh Kumar Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. Heard learned counsel for the petitioners as well as learned Standing Counsel. By means of this petition filed under Article 226 of the Constitution, petitioners wanted consideration of their application dated 08.03.2025 and 10.03.2025 granting them opportunity to participate in the physical efficiency test. Learned Standing Counsel has obtained instructions in compliance of the earlier order of this Court dated 25.03.2025 and as per the instructions petitioner no. 1 Shyam Baboo was invited to participate in physical efficiency test on 08.03.2025, whereas, petitioner no. 2 Abhishek Saraswat was called for physical efficiency test on 10.03.2025 at 35th Battalion PAC Mahanagar, Lucknow, where the physical efficiency test was being organized, but none of the petitioners have appeared and hence no opportunity can be afforded to Meeting the instructions placed before the Court, learned counsel for the petitioner submits that both the petitioners had represented the matter on that very day before the authority concerned that they could not appear because of the stress injury in legs and fracture in the leg respectively. However, from the perusal of the application it does not transpire as to whom the application was served upon, nor any postal receipt is on record to substantiate the material. In view of the above, if the petitioners failed to participate in physical efficiency test on the date they were invited, then in absence of any medical papers ever forwarded to the authorities concerned while the application itself is silent about the same which has been brought on record, I do not consider it to be appropriate case where any sympathetic consideration should be accorded to the claim of the petitioners. Even otherwise, I find that the final results have come to be declared on 13.03.2025. Accordingly, I decline to grant indulgence in the matter. Petition fails and is accordingly dismissed. Order Date :- 21.4.2025 IrfanUddin Digitally signed by :- IRFAN UDDIN SIDDIKI High Court of Judicature at Allahabad