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2023 Supreme(All) 123

VIVEK CHAUDHARY
Ravi Prakash – Appellant
Versus
State Of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Laltaprasad Misra, Prafulla Tiwari
For the Respondent: Gaurav Mehrotra, Utsav Mishra

JUDGMENT :

Vivek Chaudhary, J.

1. Heard Dr. L.P. Mishra assisted by Sri Naveen Shukla as well as Sri Birendra Pratap Singh and Sri Manish Mishra, learned counsel for the petitioners, Sri Praful Yadav, learned Standing Counsel for the State and Sri Utsav Mishra, learned counsel for the Commission.

2. The petitioners have challenged the physical efficiency test as prescribed by order dated 8.7.2019 for appearing in the physical efficiency test scheduled to be held between 9.9.2019 to 11.9.2019 for the post of Platoon Commander, Home Guards and on 12.9.2019 and 13.9.2019 for the post of Block Organizer, Home Guards at Lucknow. They claim that they may not be subjected to such physical efficiency test. In the alternative, the petitioners have sought a relief of certiorari for quashing Clause 12(2) of the Advertisement No.02-Examination/2016 so far as it prescribes for holding a physical efficiency test for selection to the post of Platoon Commander and Block Organizer in the Home Guards Department.

3. The facts of the case are that in the year 2016, Advertisement No.02-Examination/2016

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