2007 Supreme(All) 2534
[2007(9) ADJ 626]
ALLAHABAD HIGH COURT
BEFORE : V.K. SHUKLA, J.
RAVI KUMAR KAUSHAL .........Petitioner
Versus
STATE OF U.P. AND OTHERS ...........Respondents
(Civil Misc. Writ Petition Nos. 36283, 36295, 36277, 36280, 36290, 36297, 36293, 36281, 36289 and 36286 of 2007, decided on 4th October, 2007)
Counsel :
Ashok Khare and Amit Srivastava for the Petitioners; Piyush Shukla, S.C. for the Respondents.
Headnote:U.P. Police Officers of Subordinate Ranks (Punishment and Appeal) Rules, 1991—Rule 8(2)(b)—U.P. Police Regulations—Regulations 411, 412, 415 and 541—U.P. Medical Manual—Para 247(6)—Dispensing with services of petitioners by holding that services were not required, as petitioners do not fulfil requisite minimum eligibility criteria—Petition against—Large scale infirmities in their selections—And illegalities had been carried out in said selection proceedings—Hence, policy decision was taken for review of selections, made of a particular period—Thus, action in question cannot be termed to be arbitrary—Each of petitioners had been declared medically unfit—Cannot be enlisted as member of police force—Held, no interference with impugned orders can be made—However, petitioners may represent before appointing authority requesting them to constitute Special Medical Board for medical examination of petitioners. [Paras 16 and 22]
Honble V.K. Shukla, J.—In this bunch of writ petitions, petitioners are questioning the validity of decision taken by Commandant, 12th Bn. P.A.C. Fatehpur, in exercise of authority vested under Rule 8 (2)(b) of the U.P. Police Officers of Subordinate Rank (Punishment and Appeal) Rules, 1991, dispensing with the services of petitioners by holding that their services are not required, as they do not fulfill the requisite minimum eligibility criteria.
2. Brief facts, giving rise to instant writ petition, are that in the year 2004 recruitment was notified for recruiting constables in Provincial Armed Constabulary (P.A.C.) at 20th Bn. P.A.C. Azamgarh. Petitioners applied for consideration of their candidature after going through various examinations, which comprised of physical test, written examination and interview. Petitioners participated in examination at each stage of selection and ultimately medical examination of petitioners was also conducted. Petitioners have contended that they succeeded at each stage of selection and necessary communication was sent to them by Commandant 20th Bn P.A.C., Azamgarh, asking them to report at 20th Bn P.A.C., Azamgarh. Petitioners submit that pursuant to said directive, they reported at 20th Bn P.A.C., Azamgarh on 1.12.2004, and upon such reporting, petitioners were directed for undergoing training for a period of one month at 12th Bn. P.A.C. Fatehpur. On completion of one months training, petitioners were sent for further training at 35th Bn. P.A.C. Lucknow. Petitioners have contended that during course of training also, they were subjected to medical examination; and after successfully completing training, petitioners were posted at 12th Bn. P.A.C. Fatehpur. Petitioners have contended that during continuance of their training at repeated regular interval, they had been subjected to medical check up. On 19.7.2007, petitioners were required to undergo fresh medical examination. On the aforesaid date, petitioners appeared before the Medical Board, and thereafter, order impugned has been passed, dispensing with the services of the petitioners. At this juncture present writ petitions have been filed. On presentation of writ petition, learned standing Counsel was asked to produce relevant record, on the basis of which impugned decision in question has been taken. On record being produced, reason of petitioners being ineligible has been disclosed as follows :
Sl. No. Writ Petition No. Petitioners name Cause
1. 36283 of 2007 Ravi Kumar Kaushal Colour Vision
2. 36295 of 2007 Firoz Ahmad Colour Vision
3. 36277 of 2007 Awadhesh Kumar Yadav Bilateral flat foot
4. 36280 of 2007 Arvind Kumar Sonkar Bilateral flat foot
5. 36290 of 2007 Amit Kumar Bilateral flat foot
6. 36297 of 2007 Rais Ahmad Ansari Bilateral flat foot
7. 36293 of 2007 Ajay Kumar Flat Foot
8. 36281 of 2007 Narendra Kumar Cubitus Varus
Right elbow
9. 36289 of 2007 Sanjay Prasad Cubitus Valgus
Right elbow
10. 36286 of 2007 Shri Krishna Yadav Bilateral Genu
Varum Deformity
and Colour
Defect
3. After record in question has been perused, opportunity has been provided to learned Counsel for petitioners to peruse the same and thereafter with the consent of the parties, present writ petitions are being heard and decided finally.
4. Sri Ashok Khare, Senior Advocate, assisted by Sri Amit Srivastava, appearing for petitioners, contended with vehemence that petitioners were validly selected, they had cleared all medical examinations and the alleged disqualifications, on the basis of which petitioners are non-suited, same at no point of time were made known to petitioners and in the present Medical examination, which has been conducted, standard of evaluation has not been specified, as such entire exercise is arbitrary, unreasonable and against the rules of fair play, and coupled with this no notice or opportunity had been provided for, and by placing reliance on totally inapplicable provision, impug