Pradeep Kumar Singh Baghel, J.:— All the fourteen petitioners are candidates for the appointment on the post of Sub-Inspector.
2. An advertisement was issued on 19.05.2011 by the respondent no. 1 calling the applications for appointment on the post of Sub-Inspector (Civil Police) and Platoon Commander, PAC. The petitioners made applications in response to the said advertisement and they were cleared in the physical standards test and thereafter they qualified preliminary written examination. In the physical efficiency tests, which were held in February, 2013, all the petitioners stood qualified. It is stated that they qualified written test also and their names find place in the final result declared on 16.03.2015 but they have been rejected on the ground of the medical test. The petitioner nos. 1, 4, 7 and 12 were shown to be medically unfit on the ground of suffering from ‘Knock Knee’, petitioner nos. 2, 3, 5, 6 and 8 were shown as medical unfit on the ground of ‘Flat Foot’, the petitioner nos. 13 and 14 were shown as medically unfit on the ground of colour blindness (Partial), petitioner no. 9 was shown as medically unfit on the ground of ‘defective eye vision’, the petitioner no. 10 is also shown as ‘knock knee and flat foot’ and petitioner no. 11 was shown as medically unfit on the ground of ‘knock knee and defective hearing’. it is contended by the petitioners that being dissatisfied with the medical test, they appealed before the Nodal Officer. Based thereon, a fresh medical test was held on 06.08.2015. In such fresh medical test again each of the petitioners were shown to be medically unfit. The petitioner no. 9, who was earlier shown to be medically unfit on the ground of defective eye vision, in the fresh medical test he was declared to be medically unfit on the ground of ‘Varicose Vein’ while his eye vision was found satisfactory. Attention of the Court is drawn to the fact that one of the petitioners who is still working in the civil Police as Constable, has been shown to have ‘flat foot’.
3. Lastly, all the petitioners have drawn the attention of the Court to a judgment of this Court passed in a bunch of Special Appeal No. 1573 of 2007. In the said case, the Division Bench had occasioned to consider the similar issue in respect of the recruitment in the Police Department. The Court has directed to constitute a fresh medical board in the following terms:—
“Mr. Suresh Singh, learned Standing Counsel has accepted this suggestion and he has no objection if instead of two members in the Medical Board, a Board of three members is constituted. The Constables concerned are from district Fatehpur. Their medical examinations as directed by the learned Single Judge can now be taken by a Medical Board in Lucknow. The order passed by learned Single Judge is, therefore, being modified by a consent of the parties namely that instead of two members Board, it will have a three members Board. There will be two separate Boards, one for the purposes of eye test and the other for the physical test. The Boards will be consisting of three Doctors, one from a Government Hospital, one from Sanjay Gandhi Post Graduate Institute, Lucknow and third person from the King George Medical College, Lucknow. The Government will bear the fees of these doctors from the Sanjay Gandhi Post Graduate Institute as well as the King George Medical College.”
4. Heard learned counsel for the petitioner and the learned Standing Counsel.
5. It is directed that the respondents may form a fresh medical board comprising a Doctor from the Government Hospital, a Doctor from King George Medical College and Doctor from Sanjay Gandhi Post Graduate Institute, Lucknow. The said board will re-examine all the petitioners at the date communicated to all the petitioners separately. Each petitioner shall deposit a sum of Rs. 1000/- within ten days to respondent no. 2. The said amount shall be paid to the Doctors of Sanjay Gandhi Post Graduate Institute, Lucknow and King George Medical College in equal proportion.
6. Learned Standing Counsel may file counter affidavit within two weeks. Rejoinder affidavit, if any, may be filed within a week thereafter. The result of the medical board shall be enclosed along with the counter affidavit. The said exercise may be completed expeditiously, preferably within a period of six weeks from the date of communication of this order.
7. List immediately thereafter.