Pursuant to the recruitment notification issued by the Staff Selection Commission, the petitioner submitted an application with the 2nd respondent to consider his claim for appointment to the post of Constable (GD) in CAPFS, NIA, SSF and Rifleman (GD) in Assam Riffles.
2. Petitioner participated in the physical standard test and physical efficiency test during September -2019 and in the said test, the petitioner was qualified. The petitioner was also examined by the Medical Officer on 27.01.2020 and he was declared as medically unfit on account of alleged normal knee alignment, no knock knee.
3. The petitioner appeared before the 4th respondent on 03.10.2020 for review medical examination and the 2nd respondent-Board thereafter issued a report holding that the petitioner is unfit on account of knock knee.
4. The petitioner after his initial/first medical examination conducted by respondent No.4, got medical examination by the District Surgeon, BIMS Hospital at Belagavi who issued a certificate stating that the report of medical examination conducted on 28.01.2020 by the respondent No.4 is an error of judgment on the ground that there is no symptom of Knock Knee on X-ray examination and there is no symptom of Hypertension. By virtue of this the medical disability of the petitioner has been overruled. Inspite of the same, the respondents have declared the petitioner as unfit. Being aggrieved by the certificate issued by the 2nd respondent-Board at Annexure-A, petitioner has filed this writ petition.
5. Learned counsel for the petitioner would submit that in view of the divergent finding given by the District Surgeon Belagavi, the respondent may be directed to get the petitioner examined by the independent medical Board preferably, the Government Hospital and obtain a report and reconsider the candidature of the petitioner for appointment for the post of Constable.
6. Learned counsel for the respondents would submit that there is no provision in the notification which provides for referring the petitioner for medical examination before an independent medical board. He further submits that in view of the decision of the Division Bench of this Court in W.A.No.100046- 100050/2020 and other connected matters disposed of on 27.08.2020, the case of the petitioner shall be re-evaluated by CRPF Medical Board keeping in view the medical report submitted by the District Surgeon, BIMS Hospital Belagavi.
7. I have considered the submission made by the learned counsel appearing for the parties and perused the material on record.
8. The Division Bench of this Court by considering the guidelines which are applied uniformly through out the Country have directed the respondents therein to re-evaluate the medical fitness of the candidates by CRPF medical Board keeping in view the medical report submitted by the medical Board of Victoria Hospital, Bengaluru therein.
9. Hence, this writ petition also requires to be disposed of in the light of the order passed by the Division Bench of this Court in W.A.Nos.100046- 100050/2020 and other connected matters.
10. In view of the above, I pass the following: ORDER
(i) Petitioner shall report to the Administrative Officer of the CRPF Hospital on 27.09.2021. The CRPF Medical Board shall re-evaluate the petitioner keeping in view the medical report submitted by the District Surgeon, BIMS Hospital, Belagavi and take further decision in the matter.
(ii) The seniority of the candidate who is found fit by the CISF/CRPF Medical Board shall be fixed in the batch in which he has qualified.
(iii) The said exercise shall be completed within a period of four weeks from the date of examination of the petitioner by the CISF/CRPF Medical Board.
(iv) Writ petition stands disposed of accordingly. JUDGE
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