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2016 Supreme(All) 1242

ALLAHABAD HIGH COURT
BEFORE : P.K.S. BAGHEL, J.
MANOJ KUMAR YADAV AND OTHERS .....Petitioners
Versus
STATE OF U.P AND OTHERS ....Respondents
(Civil Misc. Writ Petition No. 48585 of 2015, decided on 7th October, 2016)

Advocates:
Counsel :
Seemant Singh for the Petitioners; C.S.C. for the Respondents.

Headnote:U.P. Sub-Inspector and Inspector (Civil Police) Service Rules, 2008—Rules 15, 15(c), 15(f), 15(g), 15(i)—Appointment—Sub-Inspector of Police—Medical unfitness—Scope—Petitioners qualified physical standard test, preliminary written test, physical efficiency test, main written test and group discussion—However, they have been finally rejected in medical test—Submission of petitioners that instead of standardized equipment their height was measured by Medical Board manually and there is a scope of error in case the height is measured manually—Nothing on record to indicate that the respondents have used the standardized equipments as required under the Rules but the petitioners have been measured manually—As per Rules, on the same day, they were asked to file an appeal—If a candidate is not found medically fit respondents ought to have served an order in writing with brief reasons for their rejection—Once petitioners have qualified physical test, ordinarily, they should not be rejected by Medical Board on ground of difference of height and chest except in case of glaring irregularity—Petitioners’ height held not been measured properly—Medical Board directed to re-examine the petitioners’ height by standardized equipment. [Paras 27 to 52]

       Result; Petition Disposed of.

       

JUDGMENT

Hon’ble P.K.S. Baghel, J.—The petitioners are candidates for appointment on the post of Sub-Inspector of Police. They have challenged the orders of the U.P. Police Recruitment and Promotional Board, whereby they have been declared medically unfit for the selection on the posts of Sub-Inspector in Civil Police and Platoon Commanders in Provincial Armed Constabulary and to declare them fit for appointment on the said post.

2. The brief reference to the factual aspects would suffice.

3. An advertisement dated 19.5.2011 was issued by the Additional Secretary, Recruitment/the third respondent calling applications from the candidates for appointment on the posts of Sub-Inspectors (Civil Police) and Platoon Commanders (PAC). The total number of posts for Sub-Inspector (Civil Police) was 3698 in which 1849 posts were advertised under General category, 998 posts under the Other Backward Classes, 777 posts under Scheduled Castes category and 74 posts were advertised under Scheduled Tribes category. For the Platoon Commanders 312 posts were advertised in which 156 posts were for General category, 84 posts for OBC, 64 for SC category and 6 posts were reserved for ST category.

4. The recruitment of the Sub-Inspector (Civil Police) is regulated under the Uttar Pradesh Sub-Inspector and Inspector (Civil Police) Service Rules, 2008 (the Rules, 2008). Under the said Rules the recruitment is comprised of five stages; Physical Standard Test, Preliminary Written Test, Physical Efficiency Test, Main Written Examination, Medical Test and Character verification.

5. Part-V of the Rules, 2008 provides procedure for recruitment. The Rule-15 deals with the procedure for direct recruitment to the post of Sub-Inspector. Rule-15(c) states that all the male candidates are required to complete a run of 10 kilometers in 60 minutes and for female candidates a run of 5 kilometres in 35 minutes. Under Rule-15(c) the details of the physical standard test are provided in Appendix-1. The physical standard test is conducted by a three-member team comprising (i) Sub Divisional Magistrate/Deputy Collector, (ii) Doctor/Sports Officer/National Cadet Corps, Officer, (iii) Deputy Superintendent of Police. The physical standard test is conducted by a same three-member team as provided under Rule-15(c). The test is completed in one week in the entire State and in the case of large number of candidates, the Board may take a decision to extend the time period. It also provides that the Physical Efficiency Test is only of qualifying nature and it has no effect on the merit list. On completion of physical standard test the list of all successful/unsuccessful candidates is declared. It further provides that only standardized equipments having having Indian Institute certification to be used for physical standard test examination.

(Emphasis supplied)

6. One of the main requirements of the physical standard test is to measure height and measurement of chest. For General, OBC and Scheduled Caste the minimum physical standard height is 168 cms. and for Scheduled Tribes it is 160 cms.. One of the material requirements under Appendix-1 is that only standardized equipments shall be used. For the sake of convenience the Appendix-1(8) reads as under:

“(8) Only standardized equipments having Indian Standard Institute certification be used for Physical Standard test examination.”

7. Rule-15(f) provides Main Written Examination. The procedure for conducting main written examination is prescribed in Appendix-3. As the petitioner has not raised any grievance in respect of their written examination hence there is no need to give the details laid down under the Appendix about the written examination.

8. The Rule-15(g) of the Rules, 2008 deals with ‘Group Discussion’. The candidates who are selected in all the aforementioned stages are required to participate in a Group Discussion
























































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