JITENDRA KUMAR AWASTHI v. STATE OF UP AND 5 OTHERS
WRIA/6478/2025 · 2025-05-12
Ajit Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 57139 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 57139 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:78085 Court No. - 4 Case :- WRIT - A No. - 6478 of 2025 Petitioner :- Jitendra Kumar Awasthi Respondent :- State Of Up And 5 Others Counsel for Petitioner :- Rajesh Kumar Dubey Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. Heard learned counsel appearing for the petitioner and Sri Pramod Kumar Srivastava learned Additional Chief Standing Counsel appearing for the State respondents. By means of this petition filed under Article 226 of the Constitution, petitioner has approached this Court for a writ of mandamus to command the respondent to conduct re-medical examination pertaining to 'Knock Knee'. Petitioner has set up claim of fitness on the ground that in the Railways while petitioner had applied for the post of Points Man, he found to be physically fit. According to the petitioner, the physical standard test was held on 30.10.2024, in which he was declared unfit for not having the requisite height. He though applied for the review on the same day but his request was not acceded to and hence he approached the authority by writing a letter. He submits that till date nothing has been done in the matter and accordingly, petitioner approached this Court. Sri Pramod Kumar Srivastava, learned Additional Chief Standing Counsel has raised objection as to entertainability of this petition at this stage when the final results of selection of U.P. Police Constable Civil Police Direct Recruitment-2023 have already been published on 13th March, 2025 and no more any such exercise is pending before the authority. It is also contended that petitioner could have approached the authority on same day or even if he was not heard, he could have sent letter by a registered post on the same day or the next day but he failed to do so and he applied by a registered post only on 18th March, 2025 by writing a letter to the Superintendent of Police, Kaushambi, U.P., whereas petitioner is himself a resident of Prayagraj. In the given facts and circumstances of the case, this Court is of
the view that once the selection process has already come to an end and the publication of final results and the meritorious candidates have already been placed in the select list, the stage is over where the petitioner can be directed now for physical re-test.
Petitioner cannot gain advantage at par with those who had approached this Court prior to declaration of final result of selection. Thus petitioner himself is to be blamed for delay in approaching the Court and this Court now at this stage can not interfere in such matters. Petition fails and is accordingly dismissed. Order Date :- 13.5.2025 IrfanUddin Digitally signed by :- IRFAN UDDIN SIDDIKI High Court of Judicature at Allahabad