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2025 DAILYLAW 51021 (ALL)

KUSHANK AND OTHERS v. STATE OF U.P. AND OTHERS

SPLA/820/2011 · 2025-07-09

Mahesh Chandra Tripathi, Vinod Diwakar

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Judgment text

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Neutral Citation No. - 2025:AHC:112154-DB Court No. - 29 Case :- SPECIAL APPEAL No. - 820 of 2011 Appellant :- Kushank And Others Respondent :- State of U.P. and Others Counsel for Appellant :- Anil Kumar Singh,Himanshu Mishra Counsel for Respondent :- C.S.C. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Vinod Diwakar,J. 1. The matter was taken up in the revised list. However, none appeared on behalf of the appellants to press the appeal, nor has any adjournment slip been moved. 2. The instant intra-court Special under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952 (hereinafter referred to as the "Rules, 1952") is being preferred by the appellant-petitioner challenging the legality and validity of the judgment and order dated 11.4.2011 passed by the learned Single in Writ A No. - 6031 of 2011 (Kaushank and others Vs. State of U.P. and others), wherein, learned Single Judge has proceeded to dispose of the writ petition in the light of judgment and order dated 29.3.2011 passed by Writ Court in Writ A No. - 6025 of 2011 (Pradeep Kumar Sharma and others Vs. State of U.P. and others). 3. The record in question reflects that petitioners-appellants had approached before writ Court in a bunch of writ petitions leading with Writ - A No. - 16288 of 2011 (Rahul Kumar Vs. State of U.P. and others) challenging the legality and validity of the order of the U.P. Police Recruitment & Promotion Board, Lucknow (in short "Board"), whereby they had been declared medically unfit by the Regional Medical Board constituted at the Training Centres, whereas some of the petitioners-appellants had approached before this Court on mere asking to appear before the Regional Medical Board constituted at the Training Centres for medical examination. The learned Single Judge while entertaining the writ petition was pleased to dispose of the matter vide a detailed judgment and order dated 29.03.2011 directing the Board to constitute a Special Medical Board at Lucknow giving opportunity to all stake holders in the matter to undertake medical test. The learned Single Judge was also please to observe that the candidates, who had failed to fulfill physical standard test as well as physical efficiency test, qua them, it was ordered that their appointing authority, who was vested with the authority to issue appointment letter would make arrangement for re-examination of physical standard test as well as physical test within a period of eight weeks from the date of receipt of a certified copy of that judgment. 4. Considering the aforesaid factual aspect of the matter, we find that no such error is reflected from the impugned judgment and order dated 29.03.2011 and the same warrants no interfere from this Court as well as in view of the fact that the matter pertains to the year 2011 and in the absence of any effective representation, it appears that the cause of action has become stale and the appeal has been rendered infructuous by efflux of time. 5. Accordingly, the instant appeal stands dismissed as infructuous. Order Date :- 10.7.2025 Sachin Digitally signed by :- SACHIN TIWARI High Court of Judicature at Allahabad Digitally signed by :- SACHIN TIWARI High Court of Judicature at Allahabad