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2018 Supreme(SC) 1144

KURIAN JOSEPH, DEEPAK GUPTA, HEMANT GUPTA
MAHENDRA PRATAP SINGH – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


JUDGMENT

KURIAN, J.

1. Applications for impleadment/intervention are dismissed.

2. The appellants are candidates who participated in the selection process of Ranker Sub-Inspector conducted during 2011. According to them, they were not physically fit to participate in the physical efficiency test and yet they were compelled to participate. It is further submitted that for those who have not thus participated in the selection on account of the physical illness, the Competent Authority had issued a circular permitting them to participate on a subsequent date. Therefore, it is submitted that the candidates who have been compelled to undergo physical efficiency test despite their illness could not have been put in a worse condition.

3. Ms. Aishwarya Bhati, learned Additional Advocate General, appearing for the respondents points out that the State had taken a stand before the High Court that in the case of those who have participated without any objection could not be given a second chance.

4. We find from the penultimate paragraph of the impugned judgment that the Division Bench of the High Court has permitted for re-test in the case of those candidates who had informed about the ailment on





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