Court No. - 24 Case :- SERVICE SINGLE No. - 391 of 2010 Petitioner :- Naveen Mishra S/O Shobh Nath Mishra Respondent :- State Of U.P. Thru Prin. Secy. Home & Ors. Petitioner Counsel :- Raj Kumar Mishra Respondent Counsel :- C.Sc.. Hon'ble Rajiv Sharma,J.
Heard learned Counsel for the petitioner and learned Standing Counsel.
By means of the instant writ petition, the petitioner prays for a writ in the nature of
Mandamus commanding the opposite parties to re-measure the height of the
petitioner in the presence of the Chairman/Adhyaksha of the Recruitment Board and
allow him for further examination/tests for his selection/appointment on the post of
Constable in pursuance of present selection process.
On objection being raised by the learned Standing Counsel that the petitioner has got
specific, efficacious and alternative remedy by preferring an appeal before Deputy
Director, Medical & Health, Government of U.P., learned counsel for the petitioner
did not satisfy the Court as to why the petitioner may not be relegated to the
alternative remedy by approaching the Deputy Director, Medical & Health,
Government of U.P.
At this stage, learned Counsel for the petitioner submits that he does not want to
press the relief claimed in the instant writ petition but restricts his prayer only to the
extent that liberty may be granted to the petitioner for approaching the Deputy
Director, Medical & Health, Government of U.P. by filing a representation and the
Deputy Director may be directed to consider the petitioner’s application and requisite
certificate be also issued, expeditiously, to which learned Standing Counsel has no
objection.
In view of the above, without entering into the merits of the case, it is provided that in
case the petitioner moves a representation, raising his grievances, within a week
from today, the Deputy Director, Medical & Health, Government of U.P., is directed to
consider the petitioner’s representation and a requisite certificate shall also be
issued to the petitioner, expeditiously, say, within a period of fifteen days from the
date of receipt of the said representation along with the certified copy of this order.
The writ petition is disposed of finally.
Order Date :- 27.1.2010
Ajit/-