The Supreme Court of India has reinstated the termination of a Uttar Pradesh police constable, holding that eligibility conditions especially medical fitness cannot be overlooked or bypassed.
Background of the Case
The case, State of Uttar Pradesh & Ors. vs Ajay Kumar Malik, arose from a long-drawn dispute over recruitment to the Uttar Pradesh Police in 2005. The respondent, Ajay Kumar Malik, was selected as a constable but was later declared medically unfit due to a “knock knee” condition during re-examination.
His appointment was cancelled in 2007. Despite this, he managed to secure a provisional reinstatement in 2013, claiming parity with other candidates whose appointments were under reconsideration following litigation over mass recruitment irregularities.
Subsequently, disciplinary proceedings were initiated against him on allegations that he had concealed his medical condition while seeking reinstatement. This led to his termination in 2017, which was upheld by departmental authorities but later set aside by the Services Tribunal and affirmed by the Allahabad High Court.
Hearing the appeal, the bench led by Justice Ahsanuddin Amanullah and Justice N. V. Anjaria examined whether a candidate who is medically unfit for a post can continue in service merely because of procedural lapses or parity claims.
The Court noted that the respondent had been declared medically unfit twice and was fully aware of his condition. It found that while seeking reinstatement, he failed to disclose this crucial fact.
“The requirement of medical fitness goes to the root of eligibility,” the bench observed, adding that suppression of such material information amounts to deliberate concealment.
The Court also criticised the approach of the authorities, noting that due diligence was not exercised at the time of reinstatement. However, it clarified that administrative lapses cannot validate an otherwise invalid appointment.
The Supreme Court disagreed with the reasoning of the Services Tribunal and the High Court, stating that they had adopted a narrow and technical approach.
It observed that focusing only on specific charges while ignoring the fundamental issue of eligibility led to an incorrect conclusion.
“Lack of eligibility cannot be cured by technicalities,” the bench noted during the hearing.
The Court further emphasized that appointments to uniformed services require strict adherence to prescribed standards, including physical fitness.
Allowing the appeals, the Supreme Court set aside the judgments of the High Court and the Services Tribunal. It restored the termination of Ajay Kumar Malik from service.
However, balancing equities, the Court directed that:
- Salary already paid for the period he actually worked will not be recovered, and
- Any pending dues for that period must be cleared within four weeks, failing which interest at 6% per annum will apply.
Case Details
Case Title: State of Uttar Pradesh & Ors. vs Ajay Kumar Malik
Case Number: Civil Appeals arising out of SLP (C) Nos. 11145–11146 of 2025
Judge: Justice Ahsanuddin Amanullah, Justice N. V. Anjaria
Decision Date: April 20, 2026
