STATE OF U. P. Vs. KULDEEP NAIYAR

JUDGEMENT

(1.) Heard Sri Anand Kumar Ray, learned Additional Chief Standing Counsel for the appellants and Sri Virendra Singh, learned counsel for the respondent.

(2.) By this appeal, a challenge is made to the judgment dated 12th January, 2021, whereby the writ petition preferred by the petitioner/non-appellant was allowed.

(3.) It is a case where post of Police Constables were advertised by the U.P. Police Recruitment and Promotion Board (for short "Recruitment Board") in the year 2015. The petitioner/non-appellant appeared in the selection and remained successful thus, his name was recommended to the Appointing Authority. In pursuant to it, the Appointing Authority directed the petitioner/non-appellant to appear before the Medical Board where he was found unfit on account of height. Petitioner/non-appellant challenged the decision of the Medical Board by a writ petition. The writ petition was dismissed. However, in an intra court appeal, an order was passed on 11th March, 2019 directing the respondents to hold physical examination of the petitioner/non-appellant again. The Review Medical Board was constituted by the Appointing Authority where the petitioner/non-appellant was initially directed to appear before the Medical Board at Lucknow but finding Medical Board to be constituted at district level, he was sent to the Medical Board at Varanasi. In the Review Medical Board, the petitioner/non-appellant's colour vision was not found to be in order thus, he was declared unfit. The petitioner/non-appellant, however, approached the Recruitment Board to get him medically examined and pursuant to his request, Recruitment Board sent the petitioner/non-appellant for medical examination at Gorakhpur though the Recruitment Board had no authority to send the petitioner/non-appellant for medical examination. It is for the reason that after the recruitment and sending the select list, it becomes functus officio. The process of physical and medical examination is to be undertaken by the Appointing Authority. Since in the Review Medical Board, the petitioner/non-appellant was declared unfit on account of colour vision, the appointment could not be given to him.