JUDGMENT :

Manju Rani Chauhan, J.

Heard Mr. Seemant Singh, learned counsel for the petitioner and Mr. Ashish Singh Nagwanshi, learned Standing Counsel for the State-respondents.

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

(a) Issue a writ, order or direction in the nature of Mandamus directing the respondents to treat the petitioner has medically fit in the selection on the post of Constable Civil Police initiated vide advertisement dated 16.11.2018 issued by the Additional Secretary (Recruitment), Uttar Pradesh Police Recruitment and Promotion Board, Lucknow in view of Appendix-3 of Rules 15 (9) of Uttar Pradesh Police Constable and Head Constable Service Rules, 2015.

(b) Issue a writ, order of direction in the nature of Mandamus directing the respondents to appoint the petitioner on the post of Constable Civil Police and also be sent for training on the post of Constable Civil Police, treating the petitioner to be not having any such physical deformity which has been notified under the Uttar Pradesh Police Constable and Head Constable Service Rules, 2015 and by the State Government, within stipulated period of time as fixed by this Hon'ble Court.

(c) Issue any other suitable writ, order or direction, which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.

(d) Award the cost of writ petition to the Writ Petition.''

3. Before coming on the merits of the claim set up on behalf of the petitioner, Mr. Nagwanshi, learned Standing Counsel has raised preliminary objection to the maintainability of this writ petition by contending that the petitioner has earlier approached this Court by means of Writ-A No. 12672 of 2020 (Gagan Sharma v. State of U.P. and others). The said writ petition has been dismissed by a Writ Court vide judgment and order dated 3rd August, 2021. Learned counsel for the State-respondents, therefore, submits that this second writ petition nearly for the same relief cannot be entertained by this Court and the same is liable to be dismissed on this ground alone. The proper remedy available to the petitioner is to file a recall/modification application in the said writ petition or file a special appeal against the order passed therein.

4. In the present writ petition, it is the case of the petitioner that an advertisement was issued by the Additional Secretary (Recruitment), U.P. Police Recruitment and Promotion Board, Lucknow i.e. respondent No. 3 dated 16th November, 2018 in respect Constable Civil Police and Constable PAC Direct Recruitment-2018. By the said advertisement, total 49568 posts were advertised, out of which, 31360 were advertised for the post of Constable Civil Police, whereas 18208 posts were advertised for the post of Constable Police Armed Constabulary. Pursuant to the aforesaid advertisement, petitioner applied under General Category. The petitioner qualified in all the stages of recruitment and ultimately, he was selected on the post of Constable Civil Police in the final select list issued by the respondent-authority vide notification dated 2nd March, 2020. Thereafter the petitioner was called for appearing in Medical Examination at Reserve Police Line, Bulandshahr, which was conducted by the District Medical Board, Bulandshahr, wherein he was declared medically unfit due to having cubitus valgus deformity, which means excess curve in the elbows. The petitioner also appeared in re-medical examination, which was conducted at Reserve Police Line, Meerut by the Regional Medical Board, Meerut and in the said re-medical examination, the petitioner was again declared medically unfit on the same deformity. Feeling aggrieved by the same, the petitioner approached this Court earlier by means of Writ-A No. 12672 of 2020 (Gagan Sharma v. State of U.P. and others), which was dismissed by a Writ Court vide judgment and order dated 3rd August, 2021, wherein the Writ Court relying upon the medical report of the petitioner, according to