JUDGMENT :

SARAL SRIVASTAVA, J.

1. Heard learned counsel for the petitioner and Sri. R.S. Umrao, learned Standing Counsel for the respondents.

2. The petitioner by means of the present writ petition has prayed for a writ of mandamus commanding respondents to conduct his re-medical examination for the post of Constable in Uttar Pradesh Police/Constable, Civil Police, and Constable P.A.C. Direct Recruitment 2018.

3. The brief facts of the case are that a notification dated 16.11.2018 was published by the U.P. Recruitment and Promotion Board, Lucknow inviting applications for recruitment of 49,568 posts for U.P. Police/Constable, Civil Police and Constable, P.A.C. Direct Recruitment 2018.

4. Pursuant to the aforesaid advertisement, the petitioner submitted an online application for being considered for appointment on the post of Constable in U.P. Police. The petitioner was called to appear in the physical efficiency test for the post of Constable in U.P. Police at 8th Batallion P.A.C. Bareilly in which he was found fit.

5. Thereafter, the documents of the petitioner relating to his qualification were checked and verified by the Recruitment Board. Subsequently, the petitioner was called for medical examination on 12.03.2021 at Police Lines by Senior Superintendent of Police, Etah. The petitioner appeared before the Medical Board on 12.03.2021 and was found unfit due to impaired ears.

6. Against the report of the Medical Board, the petitioner submitted a representation for a re-medical examination. The petitioner presented himself for a re-medical examination in which he was again found unfit due to dysfunctional ears. After the result of the re-medical examination, the petitioner got his ears checked by one Dr. Ashwani Kumar ENT Specialist, and according to his report dated 21.03.2021, the ears of the petitioner are fine, copy of the said report is annexed as Annexure 9 to the writ petition.

7. The petitioner also filed a prescription issued by Government District Hospital, Etah to demonstrate that his ears are fine. The prescription issued by Government District Hospital, Etah states that there is no dysfunction in the petitioner's ear.

8. Relying upon the aforesaid two medical reports issued by Dr. Ashwani Kumar and Government District Hospital, Etah, the petitioner has stated that the Medical Board did not examine him properly and he was wrongly declared unfit.

9. In the aforesaid backdrop, he has prayed for a writ of mandamus commanding respondents to conduct the re-medical examination.

10. Learned counsel for the petitioner has contended that two medical reports issued by Dr. Ashwani Kumar ENT Specialist and medical report of Government District Hospital, Etah suggest that there is no dysfunction in the ears of the petitioner. Accordingly, he submits that the petitioner has been illegally declared medically unfit. The petitioner in support of his case has relied upon an interim order dated 23.07.2021 in Writ Appeal No. 6681 of 2021. Accordingly, he prays for parity of the interim order dated 23.07.2021 in Writ Appeal No. 6681 of 2021. Thus, he submits that action of the respondents in declaring the petitioner medically unfit is arbitrary and amounts to deny an opportunity of employment to the petitioner illegally.

11. Learned counsel for the petitioner has also placed reliance upon the judgment of this Court in Special Appeal Defective No. 639 of 2020 to contend that in the said appeal, identical interim order which has been passed in Writ Appeal No. 1680 of 2020 was assailed, and this Court dismissed the Special Appeal. Thus, he submits that it is a fit case where the Court should command respondents to conduct the re-medical examination of the petitioner.

12. Per contra, learned Standing Counsel would contend that the Medical Board is a body consisting of experts, and keeping in view the need and requirement of the police force about the physical fitness of a candidate, certain parameters have been laid down within which doctors of the