STATE OF UTTAR PRADESH Vs. PANKAJ KUMAR

JUDGEMENT

(1.) The appellants are before this Court assailing the order dated 29.08.2019 passed by the Division Bench of the High Court of Judicature at Allahabad, Lucknow Bench, Lucknow, in Special Appeal Defective No. 366/2019. Through the said order the Division Bench of the High Court has dismissed the Special Appeal, thereby upholding the judgment and order dated 12.03.2019 passed by the learned Single Judge in W.P. No.693 (S/S) of 2019, titled Pankaj Kumar vs. State of U.P and Ors.

(2.) The brief facts leading to the present appeal is that the appellants had published an advertisement in the year 2015 to recruit Police Constables to the Provincial Armed Constabulary (Male) by direct recruitment. The respondent herein was one of the candidates who had responded to the said advertisement and submitted his application. Pursuant thereto, the admit card was issued to the respondent and the initial fitness examination was held. In order to complete the process of selection, the documents were to be verified and the candidates were to be subjected to physical fitness test which was to be made subsequently as the next stage of recruitment process. The issue presently is with regard to the respondent being unable to appear for the physical fitness test and the verification of documents which he alleges is for want of written communication.

(3.) According to the appellants, the candidates who were required to appear for the physical fitness test and document verification were intimated by issuing SMS over the mobile phone, the number of which had been furnished in the application. Several other candidates who had received such SMS had appeared and taken part in the process of document verification and the physical fitness test. The respondent who had not appeared, made out a grievance about appellants not intimating the respondent through post. In that light, the respondent filed the writ petition bearing SS No.693 of 2019 seeking that the appellants herein be directed to complete the document verification and the physical fitness test of the respondent pertaining to his height, weight and chest measurement and to declare the result after completing the process. The case put forth was that the appellants had not adhered to the requirement contemplated under the Uttar Pradesh (Civil Police) Constable and Head Constable Rules, 2008. According to the respondent, as per rule, a call letter was required to be issued. Since, such call letter has not been issued to the respondent he was unable to take part in the process of document verification and physical fitness test. The Learned Single Judge though did not record a finding with regard to there being violation or non­compliance of any rule, had arrived at the conclusion that there was inadvertence on part of the respondent since an applicant would not have deliberately not participated in the process of recruitment. In that circumstance, as a matter of equitable consideration, the Learned Single Judge had directed the appellants to permit the petitioner to appear for the document verification and physical fitness test for the post of Constable in pursuance to the recruitment advertised in the year 2015.