Point of Law: Medical examination by the Medical Board consisting of medical experts under Rule 15(g) cannot be said to be inferior to the physical standard test conducted by a team of non-experts.

JUDGMENT :

1. Heard Mr. Anil Babu, learned counsel for the petitioner and Mr. Pranav Ojha, Additional Chief Standing Counsel assisted by Mr. S.C. Upadhyay, learned counsel for the State-respondents.

2. By means of the present writ petition, the petitioner has made following relief :

"(i) Issue a writ, order or direction in the nature of MANDAMUS directing the respondent authorities to constitute a new Medical Board in Etawah or any other District for the fresh Medical Examination of the Petitioner under the supervision of the medical experts.

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3. Petitioner has also approached this Court earlier by means of Writ-A No. 13548 of 2021 (Purshottam Narayan Vs. State of U.P. Through Its Principal Secretary Home & 2 Others) for following relief :

(i) calling for records, (ii) quashing the result of the medical examination conducted by the Regional Health Examination dated 26th August, 2021, by which the candidatures of the petitioner has been rejected due to varicose vein, (iii) considering the candidature of the petitioner against the selected post, and (iv) conducting the medical test again."

4. The said writ petition has been dismissed by a Coordinate Bench of this Court vide judgment and order dated 18th October, 2021 in light of the detailed judgment of the Coordinate Bench of Court in the case of Ankit Kumar Vs. State of U.P. & 3 Others (Writ-A No. 5668 of 2021, decided on 3rd August, 2021).

5. It is the case of the petitioner that an advertisement was issued by the Police Recruitment Board of the State of Uttar Pradesh being Advertisement No. P.R.P.B. Ek.-1(138)/2018 II in the year 2018 for the post of Constable Civil Police and Constable PAC. The petitioner being fully eligible applied for the said post under general category and he was called for appearing in written test (computer based test). The petitioner appeared and qualified in the said written examination and thereafter appeared in Physical Efficiency Test/Physical Standard Test/Document Verification (P.S.T./D.V.), wherein he qualified, hence the petitioner was declared successful and his name was placed at serial no. 2435 of the select list for the post of Constable PAC under general category. On 13th August, 2021, the petitioner was called for medical examination, whereby he has orally been informed that his candidature has been cancelled as he is suffering from varicose vein but the copy of the rejection order has not been supplied to the petitioner. Feeling aggrieved by the same, petitioner filed an appeal before the Regional Medical Committee, Agra Division, Agra, wherein a date was fixed for medical examination on 22nd August, 2021 but the medical examination of the petitioner was conducted on 26th August, 2021. In the said medical examination, which was conducted under order of the Regional Medical Committee/Appellate Medical Board, the petitioner was unsuccessful. This time again, no written order was supplied to the petitioner as to for which reason, the petitioner was declared unsuccessful in both the medical examination. The petitioner was informed orally by the Appellate Medical Board that he was found unsuccessful in the medical examination due to Varicose Veins. The petitioner after having knowledge of the medical deficiency of the Varicose Veins, which was orally informed, approached the Ganesh Shanker Vidyarthi Medical College and Associated Hospital, Kanpur (U.P. Government Medical College) on 29th December, 2021 for detecting his deficiency of Varicose Veins, where the petitioner was medically examined with due diligence on 29th December, 2021 and he was absolutely found fit and no disease of Varicose Veins was seen by the Assistant Professor of Orthopedic Department of the G.S.V. Medical College, Kanpur.

6. Further, it is the case of the petitioner that since in two medical examinations conducted by the respondent-authorities the petitioner was orally informed by the Medical Boards that he is medically unfit due to the detection of Varicose Veins