Under the U.P. Police Constable and Head Constable Service Rules, 2015, a candidate declared unfit in both the initial and review medical examinations is not entitled to a third medical test unless supported by credible, documented reports from a recognized government hospital.

1. Heard Shri Seemant Singh, learned counsel for the petitioner and Shri Girijesh Kumar Tripathi, learned Additional Chief Standing Counsel for the State.

2. The instant petition has been filed praying for direction to the respondents to conduct medical of the petitioner by the Medical Board for his appointment on the post of Constable in the respondent department.

3. The brief of facts of the case are that in year 2013, a notification was issued by U.P. Police Recruitment and Promotion Board, Lucknow for filling up the vacant posts of Constable in police department by the police department. Pursuant to the aforesaid advertisement, the petitioner had applied for the post of Constable. He appeared in the written examination and successfully qualified the same. Thereafter he appeared for the physical test and qualified the same as well. Thereupon he was called for the medical test. His medical test was conducted on 06.04.2015 by the Medical Board and he was found unfit due to poor vision and his distance vision was found to be 6/24 in the left eye and 6/18 in the right eye. Since there was less vision in both eyes, he was declared unfit.

4. Thereupon the petitioner has claimed for re-medical examination at Pandit Dindayal Hospital, Aligarh where he was examined on 15.04.2015. In re-medical test also, his distance vision on the left eye was found 6/24 and 6/18 in the right eye and the four member Medical Board has opined that the petitioner is suffering from low visual activity thus he was found unfit to be appointed in the police force as Constable. Being declared unfit he could not be selected. Subsequent thereto, on 23.04.2015 the petitioner himself got examined at Swamy Bhajanand Eye Hospital at Mainpuri which appears to be the hospital run by a private trust.

5. The vision of the petitioner is reported to be 6/6 and 6/6 in both eyes on the basis of which on the same date the Chief Medical Superintendent, District Hospital, Mainpuri has issued a medical certificate in favour of the petitioner reporting the eye vision by 6/6 in both eyes.

5. Relying upon the aforesaid medical certificate issued by the Chief Medical Superintendent, District Hospital, Mainpuri as well as by Swami Bhajanand Eye Hospital the petitioner has filed the instant petition claiming that his vision was 6/6 and he has been wrongly declared unfit by Medical Board as well as Review Medical Board.

6. Thus learned counsel for the petitioner relying upon the various judgments passed by the Co-ordinate Benches as well as Division Bench of this Court in Special Appeal No.806 of 2024 Rishabh Kumar vs. State of U.P. , Special Appeal No.597 of 2025 Sanjiv Vs. State of U.P. , and judgments passed by the Co-ordinate Benches in Writ -A No.14726 of 2018 Sandeep Kumar vs. State of U.P. , has submitted that since the petitioner's eye vision is 6/6 as has been certified by the Chief Medical Superintendent, District Hospital, Mainpuri which renders the finding recorded by the Medical Board as well as the Review Medical Board insignificant, therefore, his medical examination is required to be conducted by an independent Medical Board, to unravel the truth whether the petitioner has been wrongly declared unfit for selection to the post of Constable in the Civil Police. He claims that if he is found fit in the independent Medical Board, the direction be issued for his appointment.

7. Per contra, learned Additional Chief Standing Counsel for the State submits that so far as the selection to the post of Constables and H