Neutral Citation No. - 2025:AHC:133777-DB Court No. - 21 Case :- SPECIAL APPEAL No. - 723 of 2025 Appellant :- Km Pinki Respondent :- State Of U.P. And 5 Others Counsel for Appellant :- Karan Prakash Tiwari Counsel for Respondent :- C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. The present intra court appeal is directed against the order of learned Single Judge dated 11.07.2025 in Writ-A No.8254 of 2025 filed by the petitioner praying for a writ of certiorari quashing the result of medical examination dated 25.04.2025 and for conducting fresh medical examination of the petitioner- appellant by a Medical Board comprising of specialist doctors. 2. The appellant applied for selection in pursuance of an advertisement issued by the respondents for appointment to the post of constable in civil police. She passed the preliminary written examination and underwent physical examination test in which she was declared fit. She qualified the main written examination and was, therefore, permitted to face the Medical Board to examine her fitness, which was the next stage in the selection process. In the medical examination held on 23.04.2025 at Reserve Police Lines, Bulandshahr, she was declared unfit on account of being colour blind. The appellant, as provided under Service Rules, on the same date, opted for appeal/re-examination by Division Medical Board. In pursuance thereof, she was re-examined by Divisional Medical Board, Meerut on the next date i.e., 25.04.2025. The Divisional Medical Board also declared the appellant unfit. 3. The case of the appellant is that, thereafter, she got herself examined in OPD of Dr. Ram Manohar Lohia Hospital, New Delhi on 20.05.2025 and also at AIIMS, Delhi and both the reports are in her favour. On the strength of the said report, the petitioner-appellant filed the writ petition seeking the reliefs noted above. 4.The learned Single Judge has relied on Division Bench Judgements in Union of India vs. Parul Punia, 2016 (2) ADJ 14 and Writ-A No. 5668 of 2021 decided on 3rd August, 2021 in holding that no good ground is made out to doubt the correctness of the two Medical Boards' and to direct for re-examination of the appellant merely on basis of few opinions obtained by the appellant. 5. Learned counsel for the appellant submits that the learned Single Judge has erred in placing reliance on the decision of Division Bench in Parul Punia (supra), as the said judgement does not take into consideration the amendment made in the Service Rules. 6. The relevant Rule 15(6) of the Uttar Pradesh Police Constable and Head Constable Service Rules, 2015 is as follows: "(6) Medical Examination- (a) The candidates whose names figure in the select list will be required to appear for Medical Examination by the Appointing authority. (b) The Appointing authority shall request the Chief Medical Officer of the concerned district to constitute a Medical Board consisting of panel of 3 doctors for conducting the medical examination in consultation with the Director General of Medical Health. The panel will conduct Medical Examination as per "Police Recruitment Medical Examination Forms" as prescribed and codified by the Head of Department of police. (c) Any candidate not satisfied with his Medical Examination, may file an appeal before the Divisional Medical Board on the day of examination itself. Any appeal with regard to Medical Examination will not considered if it is filed on any date after the date of his Medical Examination and declaration of its result thereof. (d) The Medical Board constituted for appeal shall have an expert relating to Medical deficiency of the applicant. (e) The decision of the Divisional Medical Board on the appeal filed by the candidate about his/her medical examination shall be final and binding on the candidate and no appeal against it will be entertained. (f) The detailed instructions for conducting Medical Examination will be issued by the Director General of Police. (g) The candidates found unsuccessful in Medical Examination shall be declared unfit by the Appointing authority and such vacancies shall be carried forward for next selection." 7. Under the Service Rules, a person aggrieved by report of Medical Board has right to file appeal before the Divisional Medical Board. The Divisional Medical Board comprises of an expert relating to medical deficiency of the applicant. It is not the case of the appellant that the Divisional Medical Board did not comprise of the expert relating to the medical deficiency of the appellant. Rule 15(6)(e) specifically provides that the decision of the Divisional Medical Board on the appeal shall be final and binding and no further appeal shall be entertained. The said provision in the Service Rules has been made to give finality to the issue at the stage of appeal as otherwise, it would be an unending process. As no bias or mala fide has been alleged against the Medical Board and Divisional Medical Board, therefore, we are of the considered opinion that the learned Single Judge committed no illegality in declining to accept the request of the appellant for fresh medical examination. 8. The appeal lacks merit and is, accordingly, dismissed. (Ram Manohar Narayan Mishra, J.) (Manoj Kumar Gupta, J.) Order Date :- 7.8.2025 Ankit. Digitally signed by :- ANKIT VISHWAKARMA High Court of Judicature at Allahabad Digitally signed by :- ANKIT VISHWAKARMA High Court of Judicature at Allahabad