UP Police Service Rules | No Provision For Re-Medical Exam After Dismissal Of Appeal By Divisional Medical Board: Allahabad High Court
The Allahabad High Court has held that there is no provision for re-medical examination after dismissal of appeal by Divisional Medical Board under the Uttar Pradesh Police Constable and Head Constable Service Rules, 2015.The bench of Justice Manoj Kumar Gupta and Justice Ram Manohar Narayan Mishra held,“Under the Service Rules, no doubt, a candidate is made to undergo medical examination...
The Allahabad High Court has held that there is no provision for re-medical examination after dismissal of appeal by Divisional Medical Board under the Uttar Pradesh Police Constable and Head Constable Service Rules, 2015.
The bench of Justice Manoj Kumar Gupta and Justice Ram Manohar Narayan Mishra held,
“Under the Service Rules, no doubt, a candidate is made to undergo medical examination by Medical Board after he has cleared the written examination, however, there is no provision for re-examination after the appeal before the Divisional Medical Board was also dismissed. If that is permitted, the process would be unending and selection would never attain finality.”
Petitioner-appellant approached the High Court under Article 226 of the Constitution seeking re-medical examination for appointment on the post of constable in civil police. He had passed the preliminary written examination and was declared fit in physical examination test. However, after qualifying main written examination, petitioner was declared unfit by the Medical Board.
Petitioner filed appeal before the Divisional Medical Board, where upon re-examination he was found unfit. Petitioner filed another application for re-examination, however the same was rejected. The writ petition filed by the petitioner was dismissed. Subsequently, he filed a special appeal.
Rule 15(6) of the Uttar Pradesh Police Constable and Head Constable Service Rules, 2015 provides for medical examination of the candidate. Rule 15(6)(e) provides that the decision of the Divisional Medical Board on the appeal filed by the candidate about his/her medical examination shall be final and binding on the candidate and no appeal against it will be entertained.
Holding that there was no provision for another medical examination after dismissal of the appeal by the Divisional Medical Board, the Court upheld the order of the Single Judge and dismissed the appeal.
Case Title: Mayank Chaudhary v. State Of Up And 3 Others [SPECIAL APPEAL DEFECTIVE No. - 434 of 2025]