WRIA/6598/2025 of ALOPI PRAJAPATI Vs THE STATE OF U.P. THRU. ITS ADDL. CHIEF SECY. DEPTT. OF HOME LKO. AND 3 OTHERS on 25 November 2025

(1) Heard learned counsel for petitioner and learned state counsel for opposite parties.

(2) Petition has been filed challenging order dated 19th May 2025, whereby petitioner's candidature for appointment on the post of Constable in Civil Police has been rejected on the ground that he was declared unfit due to flat feet.

(3) Learned counsel for petitioner however has drawn attention to certificate dated 23rd May 2025 issued by King George's Medical University, Lucknow to submit that the petitioner has been declared as not having flat feet.

(4) Learned State Counsel has refuted the submissions advanced by the learned counsel for the petitioner with the submission that the petitioner has been disqualified on the basis of the report of the Medical Board which was constituted in terms of the relevant Rules and the process of selection and recruitment is already over with the selected candidates having already been sent for training.

(5) Learned State Counsel has placed reliance on judgment rendered by co- ordinate Bench of this Court in the matter of Mayank Chaudhary v. State of U.P. and others, Writ-A No. 7474 of 2025 as upheld in Special Appeal Defective No. 434 of 2025, Mayank Chaudhary v. State of U.P. and others to submit that similarly circumstanced person had filed a writ petition which Versus Counsel for Petitioner(s) : Yogeshwar Sharan Srivastava Counsel for Respondent(s) : C.S.C. Alopi Prajapati .....Petitioner(s) The State Of U.P. Thru. Its Addl. Chief Secy. Deptt. Of Home Lko. And 3 Others .....Respondent(s)

was dismissed on the ground that the petition has been filed belatedly when the final results of selected candidates have already been published and no further exercise is pending before the authority.

(6) Upon consideration of submissions of learned counsel for parties and perusal of material on record, it is evident that petitioner's disqualification has been indicated on the basis of report submitted by the Medical Board indicating flat feet. There is contradiction with regard to the aforesaid medical opinion by the Professor & HoD of King George's Medical University, U.P., Lucknow, as indicated here-in-above.

(7) So far as judgment relied upon by the learned State Counsel is concerned, it is evident that in the said petition, there was no contradictory medical opinion before the Court concerned and it is in such circumstances that the petition was dismissed on the ground of having been filed belatedly.

(8) In the considered opinion of this Court, since in the present case, a contradictory medical opinion is on the record, the judgment would not be applicable.

(9) In view of the facts and circumstances of the case, since it is a material aspect of contradictory medical opinion with regard to the disability of the petitioner, opposite party Nos. 3, 5 and 6 are conjointly directed to constitute a Medical Board for re-examination of the petitioner's disability. Such a Board shall be constituted within 10 days from the date of this order is served on the concerned authority. Report with regard to the same shall be submitted within a period of three weeks thereafter. In case the report is favourable to the petitioner, appropriate authority is directed to take final decision with regard to petitioner's grievance pertaining to selection for the aforesaid post, within a period of 10 days thereafter.

(10) With the aforesaid direction, the petition stands disposed of. November 25, 2025 prabhat WRIA No. 6598 of 2025 2 (Manish Mathur,J.) Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench