Court No. - 7 Case :- WRIT - A No. - 46787 of 2007 Petitioner :- Rajendra Kumar Pandey Respondent :- State Of U.P. And Others Petitioner Counsel :- Rohit Upadhyaya,Ashok Khare Respondent Counsel :- C.S.C. Hon'ble Devendra Pratap Singh,J.
Heard learned counsel for the parties.
The following order was passed on 17.5.2010.
“Heard learned counsel for the parties.
This petition is directed against an order dated 16.8.2007 by which the
recruitment of the petitioner as a constable in the Civil Police has been
cancelled allegedly on the ground that his height was below the minimum
prescribed.
It is pleaded that the petitioner was selected as a constable in the Civil Police
in the recruitment drive held in the year 2005 and whereafter he was sent for
training and after successful completion of training, he was assigned duty in
the district Ghazipur on 30.5.2006. However, by the impugned order, his
appointment has been cancelled on the aforesaid ground. It is further stated
in the supplementary affidavit that after cancellation of his appointment, the
Superintendent of Police, Ghazipur vide an order dated 10th of January 2008
to appear before the Medical Board on 21st January 2008 for re-examination
of his height. It is further stated that he appeared and his height was found at
168.80 cm. which was above the minimum required but due to pendency of
this petition, he is not being taken back in service.
If the aforesaid facts are correct, the Superintendent of Police, Ghazipur shall
show cause why the petition be not allowed. In case he fails to show cause, he
shall appear in person.
Let a copy of this order be given to the learned Standing Counsel within 48
hours.
List on 16th of July 2010.”
Today a counter affidavit on behalf of the respondent has been filed without
denying the contents of paragraph nos. 3, 4 and 5 of the supplementary
affidavit which are quoted below.
“3. That by a communication dated 10.1.2008 the petitioner was informed
that he should be present on 21.1.2008 at Police Line Ghazipur so that he
undergoes a fresh medical check up. A true copy of the order dated 10.1.2008
is filed herewith as Annexure SA-1.
4. That in pursuance to the aforesaid the petitioner appeared in the medical
examination on 21.1.2008.
5. That in pursuance to the aforesaid the petitioner was given a certificate
dated 29.1.2008 in which the petitioner stands at serial no. 6 and his height is
mentioned as 168.8 centimeter. A true copy of the certificate dated 29.1.2008
is filed herewith and marked as Annexure SA-2.”
However, in the counter affidavit it is stated that this Hon’ble Court has not
passed any order for examination of the petitioner by a Board and
recommendation made by the Regional Medial Board, Varanasi has not been
considered. No reason has been given why it has not been considered when
the Superintendent of Police, Ghazipur himself had referred the petitioner for
fresh medical examination vide his order dated 10.1.2008 and after re-
examination, a certificate has also been issued to the petitioner showing that
his height is more than the minimum required. There is absolutely no
necessity for passing any fresh order and on the facts itself, the petition
deserves to be allowed.
Accordingly, the writ petition succeed and is allowed and the impugned order
dated 16.8.2007 is hereby quashed and the petitioner is entitled to be
reinstated with consequential benefits.
Order Date :- 16.7.2010
AU