R. DEVDAS J., (ORAL): The appellants Central Reserve Force are before this Court being aggrieved by the impugned order dated 15.03.2021 in W.P.No.226973/2020.
2. The respondent herein who had applied for the post of Constable (GD) in CRPF, in the year 2018 was aggrieved by non-consideration of his application on the ground that he suffered from Deviated Nasal Spectrum (DNS) in his nose. Therefore, the respondent had approached this Court in W.P.No.226973/2020. The learned Single Judge noticed that there was divergent finding given by the Review Medical Examination Board and by the doctors at Bowring Hospital, Bengaluru. Therefore, the writ petition was disposed of directing the appellants herein to examine the respondent herein by a competent medical board and thereafter proceed in accordance with law.
3. During the course of these proceedings, the learned counsel for the respondent has furnished copies of orders passed by a learned Single Judge of this court sitting at Dharwad Bench in W.P.Nos.148499/2020 dated 20.04.2021, W.P.No.148559/2020 dated 20.04.2021, W.P.No.148501/2020 dated 20.04.2021 and W.P.No.148562/2020 dated 20.04.2021. It is submitted that under a similar circumstance, learned Single Judge directed that the petitioners therein shall be re-evaluated by the CRPF Medical Board, keeping in view the medical report submitted by the District Surgeon, BIMS Hospital, Belagavi. The learned counsel for the respondent therefore seeks similar direction.
4. Per contra, learned Assistant Solicitor General of India, appearing for the appellants would submit that the prayer made by the petitioner and the directions given by the learned Single Judge in the impugned order is that the respondent shall be examined by an independent Medical Board preferably by a Government Hospital. This according to the learned Assistant Solicitor General of India, will be in contravention with the procedure prescribed in the recruitment notification.
5. Having heard the learned Assistant Solicitor General of India for the appellants and the learned counsel for the respondent, this court finds that the direction given by the learned Single Judge in all the four writ petitions cited above, has been complied by the appellants herein by re-evaluating the petitioners therein by the CRPF Medical Board. In that view of the matter, the respondent is also required to be given the same benefit.
6. Consequently, the order of the learned Single Judge stands modified, directing that the respondent herein shall be re-evaluated at the hands of the CRPF Medical Board, as was done in the case of the petitioners in the aforesaid four writ petitions, filed at Dharwad Bench.
7. The respondent shall appear before the CRPF Medical Board, Bengaluru on 16.11.2021 at 11.00 a.m. The appellants shall ensure that the re- evaluation of the respondent shall be conducted as directed hereinabove keeping in view the medical report of the Bowring Hospital, Bengaluru, and take further decision in the matter after the opinion is given by the CRPF Medical Report. If the respondent is found fit and eligible for appointment, his seniority shall be fixed in the batch in which he was qualified. The entire exercise shall be completed within a period of four weeks from the date of examination of the respondent by the CRPF Medical Board. Writ appeal is disposed of accordingly. Consequent to the disposal of the main petition,
I.A.No.3/2021 also stands disposed of. Sd/- JUDGE Sd/- JUDGE Swk/BL
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