HIGH COURT OF JUDICATURE AT ALLAHABAD SPECIAL APPEAL DEFECTIVE No. - 752 of 2025 Court No. - 21 HON'BLE MANOJ KUMAR GUPTA, J. HON'BLE SIDDHARTH NANDAN, J. Civil Misc. Delay Condonation Application No. 01 of 2025 1. Heard counsel for the parties. 2. The appeal is reported to be beyond time by 85 days. 3. The explanation furnished for the delay is found to be satisfactory. 4. Accordingly, the delay in filing the appeal is condoned. 5. The delay condonation application is allowed. 6. Office is directed to allot a regular number to the instant appeal. Order on the Memo of Appeal 1. The instant intra-court appeal is directed against an order dated 13.5.2025, passed by a Single Judge Bench in Writ Petition No. 9450 of 2020 (Gaurav Kumar vs. State of U.P. and 3 Others) along with other petitions, to the extent it relates to the writ petition of the petitioner-appellant. 2. The petitioner-appellant filed writ petition praying for a mandamus directing U.P. Police Recruitment and Promotion Board, Lucknow to re- conduct the physical standard test of the petitioner. The petitioner-appellant had appeared in Constable Civil Police and Constable PAC Recruitment Examination, 2018 - II. During physical standard test, he was declared disqualified as his height was found to be less than 168 cm, which was the minimum prescribed height. The petitioner-appellant, alleging that his height in fact is 168 cm and there was mistake in measurement during the physical standard test, filed the writ petition. 3. It appears that large number of other candidates who had appeared in the same selection, also filed writ petitions challenging the correctness of the physical standard test. In some of the writ petitions, in pursuance of interim orders passed therein, the candidates were again subjected to physical Versus Counsel for Appellant(s) : Ajeet Singh, Himanshu Singh Counsel for Respondent(s) : C.S.C. Gaurav Kumar .....Appellant(s) State Of Up And 3 Others .....Respondent(s) standard test, i.e. measurement of height and the result thereof was submitted in the writ petitions. 4. All the writ petitions were taken up for consideration together and by the impugned common judgement the entire bunch has been decided. Learned Single Judge has considered two categories of cases. The first category is of candidates who had faced the physical standard test pursuant to directions issued in the writ petition and their results were placed before the writ court. Another category of petitions were of those candidates who were found to have prescribed height in previous recruitments held in the year 2015/2018 (first recruitment) and even in the subsequent recruitment held in the year 2023. The writ petition of both the aforesaid category of candidates have been disposed of with the following directions: - "In the circumstances, therefore, the Court finds it to be appropriate to direct the Board to do justice, in equity, with those candidates who have been found physically fit in the physical standard test held pursuant to the order of this Court by Special Board so constituted and also to carry out fresh exercise for holding physical standard test of those candidates who were found to be physically fit in the physical standard test held in the previous selection of recruitment 2015/ 2018 (first recruitment) and even in 2023 but not fit in respect of second recruitment 2018 and also those who were earlier in 2015 selection declared fit but not in second recruitment 2018. However, it is clarified that while all this exercise may be carried out but adjustment of such candidates against select list of particular recruitment will only be subject to availability of vacancies. Accordingly, selection board is directed to consider the candidature of the candidates for final selection who have been found physically fit in the physical standard test held pursuant to the orders of this Court in various petitions passed from time to time and that are also part of the bunch subject to availability of vacancies and likewise also in respect of second recruitment selection 2018, a physical standard test may be held by the Selection Board as may constituted and the candidates within a time frame of one month from the date of presentation of certified copy of this order, but final selection of such candidates if they qualify in physical standard test, shall be subject to availability of vacancies. All such petitions stand accordingly disposed of. In other petitions, where physical standard test has been held and petitioners have not been found successful, since final selection is completed and results have been declared, the Court does not grant indulgence in the matter and accordingly all such petitioners stand dismissed. Ordered accordingly." 5. The case of the petitioner-appellant is that he does not fall in any of the categories dealt with by the learned Single Judge. According to him, although he was declared failed in the physical standard test, but his height is 168 cm. This contention is based on the ground that the petitioner-appellant had appeared in the recruitment held by the Indian Army where the prescribed height was 170 cm and though he could not qualify in the said selection, but his height was found to be 168 cm, which fulfills the norm prescribed in the selection in question. SPLAD No. 752 of 2025 2 6. Undoubtedly, the present kind of case has not been dealt with by learned Single Judge. 7. As the case of the petitioner-appellant has not been dealt with at all, therefore, we are of the opinion that the proper remedy for the petitioner- appellant is to approach the writ court for review of the order in so far as it relates to the writ petitioner. 9. Accordingly, the appeal stands disposed of with aforesaid liberty to the petitioner-appellant. October 7, 2025 Jaideep/- SPLAD No. 752 of 2025 3 (Siddharth Nandan,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- JAIDEEP BANERJEE High Court of Judicature at Allahabad