JUDGMENT : 1. Heard Sri Anand Kumar Ray, learned Additional Chief Standing Counsel for the appellants and Sri Virendra Singh, learned counsel for the respondent. 2. By this appeal, a challenge is made to the judgment dated 12th January, 2021, whereby the writ petition preferred by the petitioner/non-appellant was allowed. 3. It is a case where post of Police Constables were advertised by the U.P. Police Recruitment and Promotion Board (for short “Recruitment Board”) in the year 2015. The petitioner/non-appellant appeared in the selection and remained successful thus, his name was recommended to the Appointing Authority. In pursuant to it, the Appointing Authority directed the petitioner/non-appellant to appear before the Medical Board where he was found unfit on account of height. Petitioner/non-appellant challenged the decision of the Medical Board by a writ petition. The writ petition was dismissed. However, in an intra court appeal, an order was passed on 11th March, 2019 directing the respondents to hold physical examination of the petitioner/non-appellant again. The Review Medical Board was constituted by the Appointing Authority where the petitioner/non-appellant was initially directed to appear before the Medical Board at Lucknow but finding Medical Board to be constituted at district level, he was sent to the Medical Board at Varanasi. In the Review Medical Board, the petitioner/non-appellant’s colour vision was not found to be in order thus, he was declared unfit. The petitioner/non-appellant, however, approached the Recruitment Board to get him medically examined and pursuant to his request, Recruitment Board sent the petitioner/non-appellant for medical examination at Gorakhpur though the Recruitment Board had no authority to send the petitioner/non-appellant for medical examination. It is for the reason that after the recruitment and sending the select list, it becomes functus officio. The process of physical and medical examination is to be undertaken by the Appointing Authority. Since in the Review Medical Board, the petitioner/non-appellant was declared unfit on account of colour vision, the appointment could not be given to him. 4. The learned Single Judge, however, allowed the writ petition in reference to an order of the Recruitment Board dated 16th September, 2019. It is without realising that the Recruitment Board is authorised to make selection and on its completion, to send the list of successful candidates to the Appointing Authority. 4. The learned Single Judge, however, allowed the writ petition in reference to an order of the Recruitment Board dated 16th September, 2019. It is without realising that the Recruitment Board is authorised to make selection and on its completion, to send the list of successful candidates to the Appointing Authority. Subsequent to the aforesaid, physical and medical examination is to be conducted by the Appointing Authority and in fact the petitioner/non-appellant was medically examined by the Medical Board constituted by the Appointing Authority itself. Initially, he was declared unfit on account of height and in the Review Medical Board constituted by the Appointing Authority, the petitioner/non-appellant was declared to be unfit on account of colour vision. The Recruitment Board, however, send the petitioner/non-appellant for medical examination and based on a report only in regard to height, passed the order on 16th September, 2019 having no authority for it. 5. The learned Single Judge, however, relied on the said order without judging the competence of the Recruitment Board. The power of the Recruitment Board and the Appointing Authority was to be recognised. It has already been clarified that the Recruitment Board is to conduct the selection and send the list of successful candidates to the Appointing Authority. After receiving the select list of successful candidates, it is the Appointing Authority to get the candidate medically examined through a Medical Board in district for which selection is conducted. There is separation of powers in selection and appointment which has not been touched by the learned Single Judge. 6. Learned counsel for the petitioner/non-appellant has pressed upon the report of the Medical Board at Gorakhpur constituted by the Recruitment Board. It could not have relied on the report of the Medical Board at Gorakhpur having been constituted by the Recruitment Board without authority. The report of Medical Board constituted by the Appointing Authority shows petitioner/non-appellant to be deficient in colour vision and distance. In pursuant to the said report, a direction for appointment could not have been given. The learned Single Judge had wrongly considered Recruitment Board to be superior authority for constitution of Medical Board without realising that physical examination of the successful candidates does not fall in the domain of the Recruitment Board. In pursuant to the said report, a direction for appointment could not have been given. The learned Single Judge had wrongly considered Recruitment Board to be superior authority for constitution of Medical Board without realising that physical examination of the successful candidates does not fall in the domain of the Recruitment Board. Thus, the finding of the learned Single Judge holding that the SSP Varanasi (the Appointing Authority) could not have ignored the letter of the Recruitment Board dated 16th September, 2019 cannot be accepted. The letter aforesaid was without authority of law as it has already been clarified that Recruitment Board has no authority to constitute a Medical Board thus, no sanctity was existing to the letter dated 16th September, 2019. 7. The judgment of the learned Single Judge is even in ignorance of the relevant Rule and for that, Rule 15 (g) of the Uttar Pradesh Police Constable and Head Constable Service Rules, 2015 is quoted herein: “(g) Medical Examination The candidates whose name are in the select list sent as per clause (e), will be required to appear for Medical Examination by the Appointing authority. Medical Examination will be conducted in the Police Line of the concerned District or at the place mentioned by the Appointing authority. Medical Examination will be conducted as per Appendix-3. The candidates found unsuccessful in Medical Examination shall be declared unfit by the Appointing authority and such vacancies shall be carried forward for next selection.” 8. The Rule quoted above gives authority to the Appointing Authority to ask the successful candidates to appear for medical examination. The medical examination is to be conducted in Police Line of the concerned district or at the place mentioned by the Appointing Authority. It has to be as per Appendix-3. The Rule aforesaid has been ignored by the learned Single Judge while giving authority to the Recruitment Board for holding the medical examination and passing order. The judgment under challenge is not sustainable as goes against the Rules. It is, accordingly, set aside. The appeal is allowed with the aforesaid.