IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition no. 1143 (S/S) of 2008 Deepak Joshi, S/o Sri Ganga Dutt Joshi, R/o Village Charayal Naik, (near Primary School), Post Office – Haripur Naik, Tehsil – Haldwani, District – Nainital. …...Petitioner. Versus State of Uttarakhand and two others. ………. Respondents. Sri Manoj Tiwari, learned counsel for the petitioner. Sri Paresh Tripathi, learned Brief Holder for the State. Hon’ble V.K. Bist, J. Heard Sri Manoj Tiwari, learned counsel for the petitioner and Sri Paresh Tripathi, learned Brief Holder for the State. Present writ petition, has been filed by the petitioner for following relief: i. To issue a writ, order or direction, in the nature of Mandamus commanding the respondent no. 3 to include petitioner’s name in the list of candidates declared successful in the physical endurance / physical efficiency test held on 08.11.2008 for selection to the post of Sub Inspector of Police. OR In the alternative, to hold 5 kms., race afresh after measuring the distance by a scientific method between starting point and finishing point. ii. To issue a writ, order or direction, in the nature of Mandamus commanding the respondent no. 2 to permit the petitioner to participate in the written examination to be held for selection for the post of Sub Inspector of Police and also to declare his result. iii. To issue any other writ, order or direction, which this Hon’ble Court may deem fit and proper in the circumstances of the case. iv. Award the cost of the writ petition in favour of the petitioner. The facts of the case are that petitioner applied for the post of Sub Inspector / Platoon Commander pursuant to the notification dated 16.09.2008. In pursuance of the notification, selection process for the post of Sub Inspector of Police consisting of four stages namely (i) physical measurement (ii) physical endurance / physical efficiency test (iii) written examination and (iv) medical examination was started. Candidates were informed by publication of notice in daily newspaper Dainik Jagran that physical endurance / physical efficiency test shall be held on 08.11.2008. Thereafter, petitioner reported in Police line, Rudrapur at 7.00 a.m. on 08.11.2008, to attend the physical endurance / physical efficiency test and he was allotted Chest No. 134. Petitioner qualified the test of throwing of cricket ball, long jump, chining up, dips and push-ups. Subsequently, petitioner and other candidates were asked to assemble at one place on the road adjoining the playground of Police Line, Rudrapur and were told to complete 5 kms. of race on the route indicated by the Police Officers. As soon as, petitioner completed the race of 5 kms. and reached the finishing point, he was told that he could not complete the race within stipulated time of thirty minutes. The difference was only of fraction of seconds. The second contention of the petitioner is that the road on which candidates were asked to run was in a poor shape in which the metalled surface was disappeared at most of the places and round stone pebbles were placed loosely on the road. The width of the road was 15 feet, which was inadequate in view of number of candidates running by together by pushing each other. Due to this reason, the petitioner could not complete his race in time. Petitioner further states that earlier also petitioner has applied for the post of Sub Inspector of Police / Platoon Commander, in earlier selection held in the month of February / March, 2008 and at that time, he had completed the race of 5 kms. in less than 28 minutes. Now, petitioner is in much better physical shape and there is no reason for the petitioner for not completing the race of 5 kms. within 30 minutes. According to the petitioner, the reason for not completing the race in thirty minutes is that the distance between starting point and finishing point was extended by more than 150 metres, and the candidates had to run for longer distance as compared to the prescribed distance of 5 kms. On complaint, Senior Superintendent of Police admitted that there may be mistake in measuring the distance to that extent and he assured that he would personally look into the matter. Counsel for the petitioner, Sri Manoj Tiwari, states that in view of the facts, respondents be directed to include the name of the petitioner in the list of candidates declared successful in the physical endurance / physical efficiency test held on 08.11.2008 for selection to the post of Sub Inspector of Police or Platoon Commander or respondents be directed to hold race of 5 kms afresh after measuring the distance of 5 kms. (between starting point and finishing point) by scientific method. Facts stated by the petitioner cannot be directed to be verified and reliefs prayed by the petitioner cannot be granted under Article 226 of the Constitution of India. The grievance of the petitioner, in respect of excess distance of 150 metres than the prescribed distance of 5 kms., between starting point and finishing point, also cannot be verified by anyone at this point of time. The grievance of the petitioner in respect of poor shape of road, actual distance between starting and finishing point and also about insufficient width of the road can be looked into by the SSP, U.S. Nagar in the future selection. Petitioner may submit a representation, in this regard, before respondent no. 3 – SSP, U.S. Nagar, who will look into the matter in future selection. No relief can be granted to the petitioner. Writ petition is dismissed summarily. No order as to costs. (V.K. Bist, J.) 18.11.2008 SKS: