IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL WRIT PETITION NO. 626 OF 2011 (S/S) Danish Ali ……………..Petitioner. Versus State of Uttarakhand and others. ………Respondents. Present: Mr. K.N. Joshi, Advocate for the petitioner. Mr. N.P. Sah, Standing Counsel for the State of Uttarakhand/respondents. Hon’ble Sudhanshu Dhulia, J.(Oral) Heard Mr. K.N. Joshi, Advocate for the petitioner and Mr. N.P. Sah, Standing Counsel for the State of Uttarakhand/respondents. The petitioner was a candidate for the post of Constable in the Uttarakhand Police. In the recruitment process which was underway in the year 2010-2011, the petitioner was examined by the State Medical Officer and he found the petitioner not suitable for the post of Constable as according to him he had the problem of “knock knee” and “flat feet”. The candidate having the problem of “knock knee” and “flat feet” was not medically fit to be in police service. All the same, the doctor referred the matter for the Regional Medical Board. Regional Medical Board also examined the petitioner and found that the opinion of the doctor is correct and the petitioner had indeed the problem of “knock knee” and “flat feet” and consequently, the candidature of the petitioner was rejected. The contention of the petitioner is that he does not have the problem of “knock knee” and “flat feet” and the opinion of the doctor as well as that of Regional Medical Board is wrong. In support of his contention, the 2 petitioner has filed a Certificate of MBBS Doctor from Rudrapur, which shows that the petitioner was examined and no “knock knee” or “flat feet” was found in the petitioner. The petitioner only contends that since there is a difference in medical opinions hence in the interest of justice, he may be examined by State Medical Board, whose opinion will be binding. Without expressing anything on this subject, since there is a limited prayer of the petitioner, it is directed that Inspector General of Police, Kumaon Range, Nainital shall forward the matter of the petitioner before State Medical Board, who shall examine the petitioner and give an opinion as to whether the petitioner has the defects of “knock knee” and “flat feet”, as it has been the medical opinion of State doctors so far. It is hoped that the Inspector General of Police, Kumaon Range, Nainital after receiving a certified copy of this order shall do the needful as expeditiously as possible. With the aforesaid direction, the writ petition is disposed of. No order as to costs. (Sudhanshu Dhulia, J.) 22.6.2011 Rathour