# State of U.P. & Ors v. Bhanu Pratap Rajput

- **Citation:** (2021) 3 ILRA 811
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2021-02-08
- **Case number:** Special Appeal No. 725 of 2020
- **Bench:** Surya Prakash Kesarwani, Prakash Padia
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/state-of-u-p-ors-v-bhanu-pratap-rajput-46963
- **Pages:** 15

## Headnote

A. Civil Law - UP Police Constable and
Head Constable Rules, 2015 - Rule 15(g)
- Post of Constable - Recruitment -
Medical
fitness
-
Height
and
chest
expansion
-
Assessment
of
Physical
standard
-
Use
of
Standardized
equipments - Finding of single judge that
assessment of physical standard by the
Committee constituted under Appendix- 2
with aid of standardized equipments, is
liable
to
be
preferred
over
the
determination made by the Medical Board
in terms of Appendix- 3, which had no
standardized equipments - Validity -
Held, Medical examination by the Medical
Board consisting of medical experts under
Rule 15(g) cannot be said to be inferior to
the physical standard test conducted by a
team of non-experts - Opinion of a
committee of non-experts under Rule
15(d) for physical test of a candidate
cannot override the opinion of the team of
experts, i.e. Medical Board under Rule
15(g) of the Rules - Finding of Single
Judge, held, not liable to be sustainable -
On being made no-objection by the St.'s
counsel for re-measurement of height and
chest by a Medical Board, the Court
directed
for
re-measurement
as
per
provisions of Rule 15 (g). (Para 5, 16, 19
and 20)

Special Appeal disposed of. (E-1)

## Text

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3 All. State of U.P. & Ors. Vs. Bhanu Pratap Rajput
811
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----------
(2021)03ILR A811
APPELLATE JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 08.02.2021

BEFORE

THE HON'BLE SURYA PRAKASH
KESARWANI, J.
THE HON'BLE PRAKASH PADIA, J.

Special Appeal No. 725 of 2020
Connected with
Special Appeals No. - 721 of 2020, 720 of 2020,
722 of 2020, 723 of 2020, 724 of 2020, 726 of
2020, 727 of 2020, 728 of 2020, 729 of 2020,
731 of 2020, 753 of 2020 & Special Appeal (D)
No. 942 of 2020

State of U.P. & Ors. ...Appellants
Versus
Bhanu Pratap Rajput ...Respondent

Counsel for the Petitioner:
Sri Anand Kumar Ray, Sri Sanjeev Singh, C.S.C.
812 INDIAN LAW REPORTS ALLAHABAD SERIES
Counsel for the Respondents:
Sri Suresh Bahadur Singh

A. Civil Law - UP Police Constable and
Head Constable Rules, 2015 - Rule 15(g)
- Post of Constable - Recruitment -
Medical
fitness
-
Height
and
chest
expansion
-
Assessment
of
Physical
standard
-
Use
of
Standardized
equipments - Finding of single judge that
assessment of physical standard by the
Committee constituted under Appendix- 2
with aid of standardized equipments, is
liable
to
be
preferred
over
the
determination made by the Medical Board
in terms of Appendix- 3, which had no
standardized equipments - Validity -
Held, Medical examination by the Medical
Board consisting of medical experts under
Rule 15(g) cannot be said to be inferior to
the physical standard test conducted by a
team of non-experts - Opinion of a
committee of non-experts under Rule
15(d) for physical test of a candidate
cannot override the opinion of the team of
experts, i.e. Medical Board under Rule
15(g) of the Rules - Finding of Single
Judge, held, not liable to be sustainable -
On being made no-objection by the St.'s
counsel for re-measurement of height and
chest by a Medical Board, the Court
directed
for
re-measurement
as
per
provisions of Rule 15 (g). (Para 5, 16, 19
and 20)

Special Appeal disposed of. (E-1)

(Delivered by Hon'ble Surya Prakash
Kesarwani, J. & Hon'ble Prakash Padia, J.)

1. Heard Sri A.K. Rai, and Smt.
Subhah Rathi, learned Additional Chief
Standing Counsels and Sri P.K. Ganguli,
learned Standing Counsel for the Stateappellant and Sri Sanjeev Singh, learned
counsel for petitioners-respondent.

2. All these Special Appeals have
been preferred by the State-appellant
challenging the orders dated 05.09.2018,
14.11.2019,
01.10.2019,
16.09.2019,
28.11.2019,
16.09.2019,
16.09.2019,
16.09.2019,
16.09.2019,
05.09.2018,
01.10.2019 & 25.11.2019 passed in Writ
Petition No.14195 of 2018 (Bhanu Pratap
Rajput Vs. State of U.P. and others), Writ
Petition No.16840 of 2019 (Deepak Pal Vs.
State of U.P. and others), Writ Petition
No.14514 of 2019 (Sumit Vs. State of U.P.
and others), Writ Petition No.14079 of
2019 (Bhanu Pratap Rajput Vs. State of
U.P. and others), Writ Petition No.18772 of
2019 (Sri Shyam Singh Saroj Vs. State of
U.P. and others), Writ Petition No.14093 of
2019 (Sarvesh Kumar Vs. State of U.P. and
others), Writ Petition No.14100 of 2019
(Kapil Babu Vs. State of U.P. and others),
Writ Petition No.14084 of 2019 (Anuj
Kumar Vs. State of U.P. and others), Writ
Petition No.14005 of 2019 (Sunil Kumar
Vs. State of U.P. and others), Writ Petition
No.14077 of 2019 (Ashish Kumar Vs. State
of U.P. and others), Writ Petition No.14936
of 2018 (Mahesh Chand Vs. State of U.P.
and others), Writ Petition No.14866 of
2019 (Chandra Shekhar Patel Vs. State of
U.P. and others) & Writ Petition No.17619
of 2019 (Udit Gangwar Vs. State of U.P.
and others) respectively.

3. With the consent of learned counsel
for the parties, Special Appeal No.725 of
2020 ( State Of U.P. Through Secretary,
Department Of Home (Police Section) And
5 Others Vs. Bhanu Pratap Rajput) has
been treated as leading Special Appeal and
accordingly, orders were passed on earlier
occasions.

Facts :-

4.

The
petitioners-respondents
appeared in the examination of recruitment
to the post of Constable (Male) in Civil
Police and Police Armed Constabulary
3 All. State of U.P. & Ors. Vs. Bhanu Pratap Rajput
813
which was held on 29.12.2015 as per
provisions
of
Uttar
Pradesh
Police
Constable and Head Constable Rules, 2015
(hereinafter referred to as the "Rules
2015"). On page 1 of the impugned
judgement dated 05.09.2018, the learned
Single Judge briefly noted the controversy
that "The Recruitment Board forwarded the
list of selected candidates to the Head of
Department to proceed further in the
matter. "It is at this stage that petitioner
has been declared medically unfit for the
reason that petitioner's height and chest
expansion was found to be inadequate.
An appeal, preferred in that regard, was
also rejected. Aggrieved by such action,
petitioners has approached this Court by
filing the present writ petition."

5. The writ petition was allowed by
the impugned judgement passed by the
learned Single Judge with the following
observations/findings:-

"The assessment of physical standard
of a candidate by use of standardized
equipments, having Bureau of Indian
Standards certification or duly certified by
the Director of Weights and Measures in
terms of clause (4) of Appendix - 2, is
entitled to greater weight, then an
assessment of physical standard by the
Medical Board in absence of such
standardized equipments. Assessment of
physical standard by the Committee
constituted under Appendix - 2 to the
Rules of 2015 with aid of standardized
equipments,
which,
otherwise,
attains
finality under the Rules, therefore, is liable
to be preferred over the determination
made by the Medical Board in terms of
Appendix - 3, which had no standardized
equipments provided to it for the purposes.

In view of the aforesaid discussions,
the inescapable conclusion is that the
respondents were not justified in declaring
the petitioner to be medically unfit on the
ground that he does not possess physical
standard specified in Appendix - 2, even
after a declaration by the competent
authority in terms of Appendix - 2 that
petitioner possesses physical standards as
prescribed in the Rules. The report of the
Medical Board, to the extent it declares
the petitioner to be short in height and
having incomplete chest expansion, stands
quashed. Since the Medical Board has,
otherwise, not found the petitioner to be
suffering from any deficiency and petitioner
possesses physical standards specified in
the Rules, as such, he is entitled to be
considered for appointment to the post of
Constable.

The writ petition succeeds and is
allowed."

6. Aggrieved with the aforesaid
judgement of the learned Single Judge, the
state appellants have filed the present
special appeal.

7. The crux of the impugned
judgement to allow the writ petition is that
the assessment of the physical standard by
the Committee constituted under the
Appendix-2 to the Rules, 2015 with aid of
standardized equipments, which, otherwise,
attains finality under the Rules, is liable to
be preferred over the determination made
by the Medical Board in terms of Appendix
- 3, which had no standardized equipments
provided to it for the purposes.

8. We have carefully considered the
submissions of learned counsels for the
parties
and
perused
the
impugned
judgement.

Relevant Provisions :-
814 INDIAN LAW REPORTS ALLAHABAD SERIES

9. The relevant provisions for the
purposes of the controversy involved in the
present Special Appeals are Rules 13, 15
and
Appendix-1,
Appendix-2
and
Appendix-3,
which
are
reproduced
below:-

Rule 13. Physical fitness - No candidate
shall be appointed to a post in the service
unless he is in good mental bodily health and
free from any physical defects likely to
interfere with the efficient performance of his
duties. Before a candidate is finally
approved for appointment, he shall be
required to pass an examination by a
Medical Board.

Note - The Medical Board shall
examine the candidate for any physical
standards prescribed for height, chest and
weight measurement as the case may be and
deficiencies such as Knock Knee, bow-legs,
flat feet, varicose veins, distant and near
vision, colour blindness (total or partial),
hearing test comprising of Rinne's Test,
Webber's Test and tests of vertigo, speech
defects etc., and such other deficiencies as
may be notified by the State Government
from time to time.

Rule
15.
Procedure
for
Direct
Recruitment to the post of Constable -

(a) Application Form -

(I) A candidate shall fill only one
application Form. The Board will accept only
online applications. The application of
candidates, who fill more than one Forms,
may be rejected by the Board.

(ii) The details of the information
regarding educational qualification, age,
minimum qualifying standards for each
category of examination, including physical,
medical examination etc., other important
guidelines as determined by the Board from
time to time shall be made available by the
Board on its own website and or by other
means as it deems necessary.

(iii) The application shall be invited by
the Board giving the applicants adequate
time for making application, the candidate
shall be personally and solely responsible
for its accuracy and competeness, if the
Form of any candidate is found incomplete,
worng or having inaccurate information, it
may be cancelled and the decision of the
Board in this regard shall be final.

(iv) An applicant shall certify himself
his certificates and documents and be
responsible for their genuineness and
correctness.

(v) In the application Form the detail
of identity, specific identity card number,
thump and finger impression, photographs
or bio-matrix details will be so included as
determined by the Board from time to time.

(vi) The Head of the Department may
fix an application fee for any recruitment in
consultation with the Recruitment Board.

(vii) The Board shall have the right to
summarily reject the candidature of an
applicant for any imcompleteness or
inaccuracy or variation or conflict with any
previous
or
subsequent
information
submitted by the candidate.

(viii) The Government may change the
number of vacancies for any recruitment at
any time or stage of recruitment without
assigning any reason thereof.

(b) Merit List on the basis of 10th and
12th examination results

All such candidates whose application
forms are found correct, shall be awarded
marks on the basis of 10th and 12th
examination
results,
or
qualification
equivalent thereto, as provided under
clause (8) of these rules. For awarding
these marks, maximum of 100 marks will be
awarded on the basis of 10th standard
Board examination and maximum of 200
marks will be awarded on the basis of 12th
3 All. State of U.P. & Ors. Vs. Bhanu Pratap Rajput
815
standard Board examination. The marks
such awarded to them will be counted upto
second digit after decimal point and will be
awarded to them will be counted upto
second digit after decimal point and will be
awarded as per following procedure -

(1) Marks awarded on the basis of
10th examination result = percentage of
mrks obtained by the candidate in 10th
standard Board or examination equivalent
thereto.

(2) Marks awarded on the basis of
12th examination result = 2 x percentage of
marks obtained by candidate in 12th
standard Board or examination equivalent
thereto.

If any examination Board, awards
grades in place of marks to the candidates,
in
above
mentioned
10th
and
12th
examination, then Board shall proceed only
after taking information from concerned
examination Board, regarding marks to be
awarded
equivalent
to
corresponding
grades. Candidates shall be awarded total
marks on the basis of such total marks
awarded to them on the basis of 10th class
examination results and marks awarded to
them on the basis of 12th class examination
results, as above. All candidates will be
awarded total marks as per sum total of
marks awarded as above, out of a
maximum of 300 marks and a list in the
order or merit will be prepared on the
basis of these total awarded marks. Out of
the merit list such prepared, candidates
equal to 15 times the number of total
vacancies, on the basis of merit shall be
called for Physical Efficiency Test. If more
than one candidates are found on the marks
obtained by the last candidate in the merit
list then all such candidates shall be
considered eligible for physical Efficiency
Test.

(c) Physical Efficiency Test

All candidates declared eligible in the
merit list under clause (b) shall be required
to participate in Physical Efficiency Test
which shall be of 200 marks. The
procedure for conducting the Physical
Efficiency Test shall be as prescribed in
Appendix-1.

(d)
Scrutiny
of
Documents
&
Physical Standard Test -

The scrutiny of documents & Physical
Standard Test of candidates selected under
clause (c) mentioned above shall be done
according to Appendix-2. In case any
document is found to be manipulated,
inaccurate or forged during the scrutiny or
at any time after the scrutiny, the
candidature of the applicant will be
cancelled at the discretion of the Board or
the Appointing authority as the case may
be.

(e) Selection and Final Merit List -

From amongst the candidates found
successful after Physical Standards Test
and scrutiny of documents under clause (d),
the Board shall prepare, as per the
vacancies, a select list of each category of
candidates, on the basis of sum total of,
marks awarded to each candidate on the
basis of 10th and 12th examination results
as per clause (b) and marks obtained by
him in physical efficiency test as pre clause
(c), keeping in view the conservator policy
and send it with recommendation to the
head of the department subject to character
verification, medical examination and 10th
and
12
examination
mark
sheet
verification. No waiting list shall be
prepared by the Board. List of all
candidates with marks obtained by each
candidate shall be uploaded on its website
by the Board. The Head of the Department
shall after his approval forward the list
816 INDIAN LAW REPORTS ALLAHABAD SERIES
sent by the Board to the concerned
Authority for further action.

Note - If two or more than two
candidates obtain equal marks the merit
list shall be decided according to the
following procedure -

(1) If marks of two, or more
candidates are equal then candidate
obtaining higher marks, as per total marks
awarded in clause (b), will be given
preference.

(2) If two or more candidates are
equal even after this the candidates who
have the preferential qualification (in the
same order as stated in Rule 9) will be
given preference. Candidate having more
than one preferential qualification shall get
the benefit of only one preferential
qualification.

(3) Even then if two or more
candidates
have
equal
marks
then
candidates older in age shall be given
preference.

(4) If despite the aforementioned more
than one candidates are equal, then
preference to such candidate shall be
determined according to the order in
English
Alphabets
of
their
names
mentioned in High School Certificate.

(f) Verification of 10th and 12th
examination marks sheets

While preparing the final select list,
the Board will send for verifications to the
concerned Education Board, the 10th and
12th class mark sheets of all candidates
included in the select list. As and when
their verification reports from concerned
Education Boards are received, the Board
will send them separately to Police
Headquarter
later
on,
who
will
subsequently send it to the Appointing
Authority for necessary action. If as per
report sent by the concerned Educations
Board, the 10th and 12 examination marks
sheets of any candidate,is not verified, then
such candidate shall be declared unfit by
the
Appointing
Authority
and
such
vacancies shall be carried forward for new
selection.

(g) Medical Examination

The candidates whose name are in the
select list sent as per clause (e), will be
required
to
appear
for
Medical
Examination by the Appointing authority.
Medical Examination will be conducted in
the Police Line of the concerned District or
at the place mentioned by the Appointing
authority. Medical Examination will be
conducted
as
per
Appendix-3
The
candidate found unsuccessful in Medical
Examination shall be declared unfit by the
Appointing authority and such vacancies
shall be carried forward for new selection."

APPENDIX-I
[See Rule 15 (c)]
Physical Efficiency Test for direct
recruitment

1. The Physical Efficiency Test will be
conducted by a team formed by the Board
which shall have the following members -

(i)
Sub
Divisional
Magistrate
nominated by the District Magistrate of he
District concerned;

(ii) Medical Officer nominated by the
Chief Medical Officer of the District
concerned;

(iii) Deputy Superintendent of Police
nominated by Senior Superintendent of
Police/Superintendent of Police.

Where according to the prevalent
Government
Orders
representation
of
Scheduled Castes/Scheduled Tribes, Other
Backward classes. Minority or any other
category whose representation is necessary
in the above team, the Board shall keep
additional officers nominated by the
3 All. State of U.P. & Ors. Vs. Bhanu Pratap Rajput
817
District Superintendent of Police to ensure
their
representation.
Such
nominated
officers shall not be below the ranks of
Inspector in police department.

The said team may take the help of any
other
expert
for
conducting
the
examination.

2. In the physical efficiency test for
direct recruitment of constables, the male
candidates will have to complete 4.8 Km.
(Kilometre) run in 27 minutes and female
candidates will have to complete 2.4 Km.
(Kilometre) run in 16 minutes. Those
candidates who fail to complete the run in
stipulated time will not be eligible for next
stage.

The allotment of the marks will be
according to time taken by the candidates
within the above stipulated time, for which
there shall be a maximum of 200 marks and
minimum of 120 marks.

For male candidates maximum of 200
marks will be awarded to those, who
complete the 4.8 Km run in 17 minutes or
time less than that. After that male
candidates completing the run in more than
17 minutes and upto 17 minutes 15
seconds, will be awarded 198 marks, male
candidates completing the run in more than
17 minutes 15 seconds and upto 17 minutes
30 seconds will be awarded 196 marks.
Likewise in the increasing order of time as
above, 2 marks shall be deducted every
time from the marks to be awarded to male
candidates for every 15 seconds increase in
time interval. Likewise, serially as per
above
prescribed
norms,
all
male
candidates completing the run in more than
26 minutes 30 seconds and upto 26 minutes
45 seconds shall be awarded 122 marks
and all male candidates completing the run
in more than 26 minutes 45 seconds and
upto 27 minutes will be awarded 120
marks, minimum prescribed for this run,
and all those male candidates who
complete the 4.8 Km. run in more than 27
minutes shall be declared unfit for
selection.

For female candidates maximum of
200 marks will be awarded to those, who
complete the 2.4 Km. run in 11 minutes or
time less than that. After that female
candidates completing the run in more than
11 minutes and upto 11 minutes 15
seconds, will be awarded 196 marks,
female candidates completing the run in
more than 11 minutes 15 seconds and upto
11 minutes 30 seconds will be awarded 192
marks. Likewise in the increasing order of
time as above, 4 marks shall be deducted
every time from the marks to be awarded to
female candidates for every 15 seconds
increase in time interval. Likewise, serially
as per above prescribed norms, all female
candidates completing the run in more than
15 minutes 30 second and upto 15 minutes
45 seconds shall be awarded 124 marks
and all female candidates completing the
run in more than 15 minutes 45 seconds
and upto 16 minutes will be awarded 120
marks, minimum prescribed for his run,
and all those male candidates who
complete the 2.4 Km. run in more than 16
minutes shall be declared unfit for
selection.

The
detailed
table
for
Physical
Efficiency Test, indicating marks to be
awarded for different timings as above,
separately for male and female candidates,
shall be displayed by Board on its website.

3. Manual timing shall not be
permitted to be used by the team.
Standardised Electronic Timing Equipment
alongwith CCTV coverage and biometrics
with adquate backup will be used to ensure
accuracy,
transparency
and
avoid
impersonation.

4. The team shall follow the process
laid down as under -
818 INDIAN LAW REPORTS ALLAHABAD SERIES

(a) the number of candidates to be
tested per day shall be determined by the
Board and decided depending on the total
numbers to be tested and prevailing
conditions.

(b)
The
information
regarding
minimum standards of physical efficiency
of qualification and table indicating
marks for different timing for physical
efficiency test as given in para 2 of this
appendix, shall be displayed on the notice
board at the venue of the test.

(c) The result of this test will be
displayed on the notice board at the end
of the day, at the venue of the Test and if
possible, will be uploaded on the Board's
website as soon as possible.

(d)
The
members
of
the
organizational team including testing
agency if any who willfully commit an act
which is wrong or omit to perform an act
and which causes an unfair advantage or
disadvantage to any candidate may be
liable
to
Criminal
proceedings
or
Department proceedings.

(e) The result of the Physical
Efficiency Test will be made available to
the candidates on the same day. The list
of the successful candidates will be
declared under the joint signature of the
members of the team.

(f) The outdoor test shall be such
that the results are capable of being
measured and recorded mechanically
without
manual
intervention.
Only
standardized
equipments
preferably
having Bureau of Indian Standards
certificate shall be used for Physical
Efficiency Test.

(g) Candidates will be expected to
appear on the date and time assigned to
them. For reasons beyond their control
and to be recorded in writing, the date
and time of the test may be changed by
the board for a group of candidates to be
tested at a particular time.

(h)
The
list
of
successful
and
unsuccessful candidates shall be declared
by the collective signatures of members of
the team.

(i) If a candidate fails to appear in
the examination on the scheduled date
and time, then he can give application to
the committee formed for conducting the
test in concerned district, giving reasons
in detail for absence and requesting to
appear in the examination on some other
date. The committee, after considering
his application, may decide and allow
him to appear for test on some other
date. The candidate will be given only
one chance in this regard and if he fails
to
appear
in
the
examination
on
rescheduled date and time, he shall be
considered unsuccessful. The candidates
may give this application, before the last
date fixed for this test, by the Board. No
application will be accepted after the
last date. The committee shall inform the
Board about all such cases where the
date and time of the test has been
rescheduled.

(j) A candidate who fails for not
achieving the prescribed standards in the
examination, shall not be given another
chance and no appeal shall lie for a retest
for reasons of health and any other ground
whatsoever.

Note-- Individual privacy will be
respected in all video records and the
record will be kept in safe custody and will
be made available to a court of law when
summoned by it, or to an officer with the
permission of the Board.

Appendix-2

Scrutiny of the Documents
3 All. State of U.P. & Ors. Vs. Bhanu Pratap Rajput
819

1. Candidates will be summoned with
relevant
documents
with
regard
to
eligibility,
relaxation,
preferential
qualifications, etc., for scrutiny thereof to
be carried out by a committee which will
consist of following members:-

(a) A Deputy Collector nominated by
the District Magistrate of the District will
be the Chairman;

(b) a Deputy Superintendent of Police
nominated by the Senior Superintendent of
Police/Superintendent of Police of the
district;

(c) District Inspector of Schools
(D.I.O.S.)
or
Basic
Siksha
Adhikari
(B.S.A) or any other gazetted officer of the
education department by the District
Magistrate.

Where according to the prevalent
Government
Orders
representation
of
Scheduled Castes/Scheduled Tribes, Other
Backward Classes, Minority or any other
category whose representation is necessary
in the said committee, the Board shall keep
additional officers nominated by the
District Superintendent of Police to ensure
their
representation.
Such
nominated
officers shall not be below the ranks of
Inspector in police department.

2.
Original
documents
shall
be
checked as per the information provided in
the application form.

3. During scrutiny of documents on
being referred by any committee because of
any doubt or any being brought directly in
its notice, the Board can issue directions in
this regard. The directions issued by the
Board, shall be final.

"Physical Standard Test

The above mentioned committee can
take help of any Government employee for
conducting Physical Standard Test.

1. Minimum Physical Standards for
male candidates are as follows -

(a) Height -

(one) for General/Other Backward
classes
and
Scheduled
Castes
male
candidates minimum height should be 168
centimetre.

(two) for Scheduled Tribe male
candidates minimum height should be 160
centimetre.

(b) Chest -

For the candidates belonging to
General/Other
Backward
classes
and
Scheduled
Castes
minimum
chest
measurement should be 79 centimetres
without
expansion
and
at
least
84
centimetres with expansion and for the
Scheduled Tribes 77 centimetres without
expansion and not less than 82 centimetres
on expansion.

Note - Minimum 5 centimetres chest
expansion is essential.

2. Minimum Physical Standards for
female candidates are as follows -

(a) Height -

(one) for General/Other Backward
classes and Scheduled Castes female
candidates minimum height should be 152
centimetre.

(two) for Scheduled Tribes female
candidates minimum height should be 147
centimetre.

(b) Weight -

Minimum
40
Kg.
for
female
candidates.

3.
The
minimum
physical
standards for qualifying for each test
shall be displayed very prominently on
Notice
Boards
in
thevenue
of
examination
before
conducting
the
examination.

4.
Only
standardized
equipments
having
Bureau
of
Indian
Standards
certification or duly certified by the
Director of Weights and Measures are to
be used for physical standards test
examination."
820 INDIAN LAW REPORTS ALLAHABAD SERIES

5. if any candidate is not satisfied with
his Physical Standard Test, he/she may file
an objection on the same day after the test.
For clearing all such objection; the Board
shall
nominate
one
Additional
Superintendent of Police at every place and
Physical Standard Test of all such
candidates will be conducted again by the
committee in the presence of above
nominated Additional Superintendent of
Police. All those candidates who are again
found
unsuccessful
in
the
Physical
Standard Test, will be declared unfit and
no further appeal will be entertained in this
regard.

General Instructions

(1) Candidates will be expected to
appear on the date and time assigned to
them. For reasons beyond their control
and to be recorded in writing, the date
and time of the test may be changed by
the Board for a group of candidates to be
tested at a particular time.

(2) If a candidate fails to appear in
the examination on the scheduled date
and
time,
then
he/she
can
give
application to the committee formed for
conducting the test in concerned district,
giving reasons in detail for absence and
requesting to appear in the examination
on some other date. The committee, after
considering
his/her
application,
can
decide and may allow him/her to appear
for test on some other date. The
candidate will be given only one chance
in this regard and if he/she fails to
appear in the examination on rescheduled
date and time, he/she shall be considered
unsuccessful. The candidates may give
application before the last date fixed for
this test, by the Board. No application
will be accepted after the last day. The
committee shall inform the Board about
all such cases where the date and time of
the test has been rescheduled.

(3) A candidate who fail for not
achieving the prescribed standards in the
examination, shall not be given another
chance and no appeal shall lie for a retest
for reasons of health and any other ground
whatever.

(4) The candidate will be informed
about result of Scrutiny of Documents and
Physical Standards Test.

APPENDIX-3
[See rule 15(g)]
Medical Examination for direct
recruitment

The appointing authority will request
the Chief Medical Officer of the concerned
District to constitute Medical Board for
conducting Medical Examination. The
Medical Board will consist of three
Doctors,
who
will
conduct
Medical
Examination as per "Police Recruitment
Medical Examination Forms" as prescribed
and codified by Head of Department in
consultation with Director General of
Medical Examination. Medical Board may
take services of any expert as per
requirements.

(1) The doctors will examine the
candidates in accordance with the Medical
Manual, if any, and announce the result on
the day of the Medical Examination.

(2)
The
result
of
the
Medical
Examination will be displayed on the notice
board outside the premises at the end of the
day.

(3) Any candidate not satisfied by his
Medical Examination, may file an appeal
on the day of examination itself. Any
appeal in regard to Medical Examination
will not be considered if the candidate fails
to file appeal on the date of Medical
Examination and declaration of its result
itself. The appeal should be disposed of by
the Medical Board, constituted for the
3 All. State of U.P. & Ors. Vs. Bhanu Pratap Rajput
821
same purpose within two weeks of the
appeal being filed. The Medical Board
constituted for appeal shall have expert
regarding Medical deficiency of the
applicant.

(4) The members of the Medical Board
who are found to give wrong report wilfully
will be liable for criminal proceedings.

(5) The Medical Examination is only
qualifying in nature and it has no effect on
the merit list.

Note:- The Medical Board will examine
the candidates and their deficiencies such as
knock knee, bow legs, flat feet, varicose veins,
distant and near vision, colour blindness,
hearing test comprising of Rinne's Test,
Webber's Test and Tests for vertigo etc. as
notified by the government from time to time.
The Medical Board may get conducted other
examinations after obtaining opinion of
experts.

Discussions & Findings

10. From the Scheme of the Rules for
the recruitment of Police Constable, as
reproduced in the afore-quoted order dated
21.01.2021, it is evident that Rule 15(a)
provides the procedure for filing of
application for recruitment and matters
relating thereto. Rule 15(b) provides for
preparation of merit list on the basis of 10th
and 12th examination result of candidates.
Rule 15(c) provides for physical efficiency
test
as per procedure prescribed in
Appendix-1. Rule 15(d) provides for
scrutiny
of
documents
and
physical
standard test in accordance with Appendix2. Rule 15(e) provides for preparation of
select list on the basis of sum total of
marks awarded to each candidate on the
basis of 10th and 12th examination
results as per Clause (b) and marks
obtained by him in physical efficiency
test as per Clause (c).

11. Thereafter, the second phase
starts. As per Rule 15(f), the verification of
10th and 12th examination mark-sheets of
the candidates falling into select list, is
done by the Board. As per Rule 15(g), the
candidates falling in select list under Sub
Rule (e) will be required to appear for
medical examination board which will be
conducted as per Appendix-3 in Police
Lines of the concerned Districts or at a
place of mentioned by the appointing
authority.
The
candidate
found
unsuccessful in Medical Examination shall
be declared unfit by the appointing
authority as per Rule 13 of the Rules, 2015.

12. Perusal of the Appendix-2 under
Rule 15(d) of the Rules, 2015 shows that
scrutiny
of
documents
and
physical
standard test shall be conducted by a
Committee which consists of following
members:-

(a) A Deputy Collector nominated by
the District Magistrate of the District will
be the Chairman;

(b) a Deputy Superintendent of Police
nominated by the Senior Superintendent of
Police/Superintendent of Police of the
district;

(c) District Inspector of Schools
(D.I.O.S.)
or
Basic
Siksha
Adhikari
(B.S.A) or any other gazetted officer of the
education department by the District
Magistrate.

13. The physical test under Appendix2 (referable to Rule 15(d)) shall be
conducted by the aforesaid committee
which
has
also
been
authorized
to
scrutinize the documents. This is a
Committee of non-experts in the field of
medical science. At the stage of physical
standard test and scrutiny of documents
under Rule 15(d), the number of candidates
822 INDIAN LAW REPORTS ALLAHABAD SERIES
seems to be very high. After the select list
is
prepared
under
Rule
15(e),
the
candidates stand shortlisted and a lesser
number of candidates as per merit are
included in the select list. Now thereafter,
verification of educational certificate/marksheet under Rule 15(f) and medical
examination by the Medical Board under
Rule 15(g) starts.

14. We have also perused the
pleadings in the writ petition and we find
that there is no allegation in the writ
petition that Medical Board has not
examined the candidates as per medical
manual.

15. Rule 15(g) of the Rules, 2015
contains a provision of appeal. The
prescribed form of medical examination as
provided in Appendix-3 has been filed
today by the State Appellants by means of
a supplementary affidavit dated 05.01.2021
which has been taken on record, would
show that a format is also provided for
appeal. The candidates/petitioners after
having being found unfit in the medical
examination by the Medical Board under
Rule 15(g) read with Appendix-3, have
preferred the appeals and their appeals
were rejected by another Medical Board
consisting
of
senior
medical
officers/experts.

16. The medical examination by the
Medical Board consisting of medical
experts under Rule 15(g) cannot be said
to be inferior to the physical standard
test conducted by a team of non-experts.
Therefore, we find that the finding
recorded by the learned Single Judge in
the
impugned
judgment
that
the
assessment of physical standard by the
committee constituted under Appendix-2
to the Rules, 2015 is liable to be
preferred over the determination made
by the Medical Board in terms of the
Appendix-3, is not sustainable. Opinion of
a committee of non-experts under Rule
15(d) for physical test of a candidate
cannot override the opinion of the team
of experts, i.e. Medical Board under Rule
15(g) of the Rules.

17. In view of the above discussions,
the impugned orders passed by the
learned Single Judge are quashed.

18. On 21.01.2021, we passed a detail
order in which we also noted the
submissions of learned counsels for the
parties. Paragraphs 14, 15, 16 and 17 of the
order dated 21.01.2021, is reproduced
below:-

14. Now learned counsel for the
petitioners/respondents submits that since
large number of candidates were examined
by the appellate Medical Board on the
same day, therefore, the chances of error
cannot be ruled out and, therefore, an
opportunity may be afforded to the
petitioners-respondents to again appear
before the appellate Medical Board and
their height and chest measurement may
again be done. The submission is that since
some of the petitioners have been allowed
to join pursuant to the impugned judgement
passed by the learned Single Judge and
petitioners are ready to bear the cost of
medical
examination,
therefore,
one
opportunity may be afforded to meet the
ends of justice. If in such medical
examination, the petitioners are found to
have the height and chest as per standard,
then, they would continue in the service
and in the event, they are still found unfit,
then they shall have no grievance. In
support of his submission, learned counsel
for the petitioners-respondentshas relied
3 All. State of U.P. & Ors. Vs. Bhanu Pratap Rajput
823
upon a recent judgement and order dated
23.11.2020 passed in Special Appeal
(Defective) No.679 of 2020 (State of U.P.
& 2 others Vs. Rahul Kumar) which is
reproduced below:-

"Heard Sri Manish Goyal, learned
Additional Advocate General for the
appellants and Sri Irfan Ahmad, Advocate
for the respondent-petitioner.

The respondent-petitioner as per the
Advertisement
No.P.R.P.B.-I-I(138)/2018
had appeared in the written examination
and thereafter had appeared for the
physical standard verification and was
found to be lesser than 168 centimeters in
height. However, since he was confident
that he was above 168 centimeters in height
and that a wrong measurement had been
done, he filed a writ petition being Writ-A
No.1454 of 2020 (Rahul Kumar vs. State of
U.P. & Ors.) wherein the following order
was passed on 4.2.2020 :-

"Heard counsel for the petitioner,
learned Standing Counsel for the State and
perused the material on record.

In
the
present
petition,
similar
controversy as in Writ A No.1375 of 2020
arises. The contention of the learned
counsel for the petitioner is that the height
of the petitioner was above the prescribed
height limit of 168 centimeters, however, he
has been denied only on erroneous
computation of the height of the petitioner.
The
petitioner
claims
that
he
has
certificates
issued
by
the
Medical
Authorities to establish that his height is
above
the
prescribed
limit
of
168
centimeters.

In view of the contrary reports, I deem
it appropriate to direct that the petitioner
shall appear along with certified copy of
this order before the Chief Medical Officer,
Bulandshahar
on
17.02.2020.
The
petitioner shall deposit a sum of Rs. 5,000/-
as cost with Chief Medical Officer,
Bulandshahar, the Chief Medical Officer,
Bulandshahar is directed to constitute a
Medical
Board
constituting
of
three
Doctors of the level of Professor and
Associate Professor available at the local
District Hospital. The C.M.O.