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Neutral Citation No. - 2025:AHC:55915 Court No. - 4 Case :- WRIT - A No. - 4811 of 2025 Petitioner :- Meena Chauhan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ram Prakash Chauhan,Vishnu Kant Tiwari Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J.
1. Heard Shri Vishnu Kant Tiwari, learned counsel for petitioner and learned Additional Chief Standing Counsel. 2. Petitioner has approached this Court for a writ of mandamus to direct the respondents to undertake Physical Standard Test and Physical Efficiency Test of the petitioner in the matter of U.P. Police Direct Recruitment, 2023. 3. It is argued that when the document verification was held on 04.02.2025 and date was fixed as 11.02.2025 for Physical Standard Test petitioner was having 25 weeks’ pregnancy and, hence, she could not participate in the Physical Standard Test and accordingly she applied for further date but that was not accorded to the petitioner. In the circumstances, petitioner continued to represent the case before the authority and has now approached this Court by means of present writ petition. 4. Learned counsel for petitioner has relied upon the authority of a Coordinate Bench of this Court in the matter of Preeti Malik v. State of U.P. and four others (Writ A No. 16580 of 2021) wherein
the Court has exercised its discretionary power under Article 226 of the Constitution to direct the respondent to carry out Physical Efficiency Test of the petitioner. 5. Learned Additional Chief Standing Counsel on the contrary submits that final results have been declared in the matter of selection pursuant to the U.P. Police Recruitment, 2023 on 13.03.2025 and the petitioner has approached this Court after the declaration of results of the successful candidates. It is also argued on behalf of respondents that petition is liable to be dismissed for non-joinder of necessary parties as the rights have accrued to the selected candidates who have been placed in the final select list. It is also contended by learned Additional Chief Standing Counsel that in the judgment in the matter of Preeti Malik (supra) while the Court exercised its discretion under Article 226 of the Constitution directing the respondents to hold Physical Efficiency Test of that petitioner, the final results had yet not been declared. 6.
In the given facts and circumstances, therefore, I decline to grant indulgence in the matter where final results have been declared pursuant to the selection in the matter of U.P. Police Direct Recruitment, 2023 as the petitioner had the opportunity to approach this Court earlier prior to the declaration of results. However, in the given special facts and circumstances since the
petitioner was having pregnancy which was a physical condition beyond her control, I consider it appropriate for the petitioner to approach the recruitment board, namely the respondent no. 2 who may consider the claim of petitioner for Physical Standard Test and consequential Physical Efficiency Test in the event vacancies are available and needful can be done in the matter. 7. Appropriate application shall be moved by the petitioner before the respondent No. 2 within the period of two weeks from today which will be considered and disposed of by the concerned competent respondent within a further period of six weeks. 8. It is made clear that this Court has not expressed any view regarding the claim of the petitioner since the results have been declared and it is left for the discretion of the authority to take stand in the event vacancies do exist after the placement of the selected candidates and in such circumstances while passing the
order the authority shall reserve rights of the petitioner qua
consideration of her candidature.
9. The petition thus, stands disposed of.
Order Date :- 16.4.2025 Nadeem Digitally signed by :- NADEEM AHMAD High Court of Judicature at Allahabad