HIGH COURT OF JUDICATURE AT ALLAHABAD SPECIAL APPEAL DEFECTIVE No. - 647 of 2025 Court No. - 21 HON'BLE MANOJ KUMAR GUPTA, J. HON'BLE ARUN KUMAR, J. Civil Misc. Delay Condonation Application No. 01 of 2025 1. Heard counsel for the parties. 2. A short delay of ten days in filing the appeal is sufficiently explained. 3. Accordingly, it is condoned. 4. Office is directed to allocate a regular number to the instant appeal. Order on the Memo of Appeal 1. Heard Sri Mushir Ahmad Siddiqui for the appellant and Sri Rajiv Gupta, learned Additional Chief Standing Counsel for the State respondents. 2. The appellant has filed this intra-court appeal being aggrieved by an order dated 07.07.2025 by which Writ-A No. 8318 of 2025 filed by him praying for a writ of mandamus directing the respondents to conduct re- medical examination of the petitioner has been dismissed. 3. The appellant applied for selection in pursuance of an advertisement issued by the respondents for appointment on the post of constable in civil police. He passed the preliminary written examination and underwent physical examination test in which he was declared fit. He qualified the main written examination and was, therefore, permitted to face the Medical Board to examine his fitness, which is the next step in the selection process. In the medical examination held on 24.04.2025, he was declared unfit on account of having knock knees. It seems that the appellant did not accept the report of the Medical Board and filed appeal before the Divisional Medical Board. Therefore, he was re-examined by the Divisional Medical Board. Again, he was declared unfit. 4. Learned Single Judge has dismissed the writ petition observing that after the petitioner was declared unfit even by Review Medical Board, there is no provision for medical examination for a third time. 5. Learned counsel for the appellant submits that he got himself examined at Government Hospital, Chandigarh and was found medically fit. Versus Counsel for Appellant(s) : Mujib Ahmad Siddiqui, Mushir Ahmad Siddiqui Counsel for Respondent(s) : C.S.C. Shahid Imam .....Appellant(s) State Of Up And 3 Others .....Respondent(s) Therefore, he should be re-examined. 6. Under the Service Rules, there is no provision for re-examination after the appeal before the Divisional Medical Board has also been dismissed. If that is permitted, the process would be unending and selection would never attain finality. The relevant Rule 15(6) of the Uttar Pradesh Police Constable and Head Constable Service Rules, 2015 is extracted below: "(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. Consequently and for the reason noted above, we decline to interfere with the order of learned Single Judge, as in our considered opinion, the relief prayed for in the writ petition could not have been granted in the facts and circumstances of the case. 8. The appeal lacks merit and is, accordingly, dismissed. September 15, 2025 Jaideep/- SPLAD No. 647 of 2025 2 (Arun Kumar,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- JAIDEEP BANERJEE High Court of Judicature at Allahabad