High CourtsSingle Bench(2010) 01 AHC CK 0125

Arvind Kumar vs State of U.P. and Others

Allahabad High Court · Decided on 4 January 2010 · Citation: (2010) 2 AWC 1479(1)

HON’BLE JUDGES
Amreshwar Pratap Sahi, J
RESULT
Dismissed

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Judgment

4 paragraphs · 192 words

Amreshwar Pratap Sahi, J.—Heard learned Counsel for the petitioner and the learned standing counsel. The petitioner is aggrieved by the order dated 3.10.2009 whereby he has been found to be ineligible to be appointed as a Constable.

2.

The terminal part of the index finger of the petitioner is amputated. The Medical Board has given an opinion that even if the amputation exists, the petitioner can pull the trigger to fire a gun. Learned Counsel for the petitioner contends that the aforesaid aspect has been overlooked by the authority while passing the impugned order.

3.

Having considered the submissions, the possibility of missing to pull the trigger of a gun cannot be ruled out with such physical deformity. The Medical Board can only conduct an inquiry with regard to the nature of the disability. The operational capability of the petitioner to fire a gun is within the expertise of the Selecting Body and this Court cannot sit in appeal over such a decision. The impugned order therefore cannot be interfered with in the exercise of Article 226 of the Constitution of India.

4.

The writ petition lacks merit and is accordingly dismissed.