ANUJ KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Sanjeev Singh, learned counsel for the petitioner and Sri Sharad Chandra Upadhyay, learned Standing Counsel appearing on behalf of the State-respondents.

(2.) This writ petition is directed against an order dated 22.01.2019 passed by the Deputy Inspector General of Police/ Senior Superintendent of Police, Meerut by which the petitioner, a selected candidate for the post of Constable, who had also passed his Physical Efficiency Test in terms of Appendix-2 of the Uttar Pradesh Police Constable and Head Constable Service Rules, 2015, has been denied his right to join training along with similarly circumstanced candidates on ground that on a medical examination done subsequently, he has been declared short in height measuring 167.03 cm. The petitioner's case is that in the Physical Efficiency Test held in accordance with Appendix-2 of Rules, 2015 (Supra), the petitioner was found to possess the required height of 168 cm. He had qualified in two other parameters of physical examination, that is to say, chest size and weight.

(3.) The crux of the submission of learned counsel for the petitioner Sri Sanjeev Singh is that the Physical Efficiency Test once it is held and the parameters of height, chest size and weight determined in accordance with Appendix-2 to the Rules, 2015 (supra), the said parameters cannot be gone into at the subsequent stage of medical test. The submission is that the medical test that is envisaged is to determine other health parameters of a candidate, such as knock knee, bow legs, flat feet, varicose veins, distance and near vision etc., but does not relate to the three parameters of physical standards at that stage determined in the test held under Rule 15 (9) read with Appendix-2 to the Rules of 2015. It is argued that Physical Efficiency Test that is held under schedule 2 to Rule 15(d) is final and the determination made there is not open to an appeal as would appear from Rule 15(d)(3) of the Rules, 2015. In this connection, learned counsel for the petitioner has placed reliance upon a decision of this Court in Writ-A No. 14195 of 2018 Bhanu Pratap Rajput vs. State of U.P. and 5 others decided on 05.09.2018. In Bhanu Pratap Rajput (Supra), it has been held thus by this Court: