PAVNESH KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, a Constable (General Duty (GD)) in the respondents Border Security Force (BSF), having successfully qualified the written test, Physical Standards Test (PST) and the Physical Efficiency Test (PET) components of the Limited Departmental Competitive Examination (LDCE) for the post of Sub-Inspector (SI) (GD), has filed this petition impugning the opinion of the Medical Board and Review Medical Board, finding the petitioner unfit for the post of SI (GD).

(2.) It is the case of the petitioner, (i) that the petitioner is a 30 years old, who joined BSF on 4th April, 2012 and since then i.e. for the last about 8 years, is serving as a Constable (GD); (ii) that in the year 2018-2019, the petitioner submitted his application for selection for the post of SI (GD) through LDCE-2018 and qualified the written examination, verification of documents, PST and PET components of the LDCE; (iii) that the petitioner, on 16th December, 2019, in his annual medical examination as a Constable (GD) in BSF, was declared in medical category Psychological, Hearing, Appendages, Physical Capacity and Eye Sight (SHAPE)-I; (iv) that the petitioner, on 23rd December, 2019, as part of LDCE-2018 appeared before the Medical Board but was declared "unfit", due to (a) Right Side Varicocele; (b) Varicose Veins Left Calf; and, (c) Tachycardia Pulse Rate 110/Min (Normal Range 60-100/Min); (v) that the petitioner got himself medically examined at UHM District Hospital, Kanpur and as per the advice of the said Hospital, on 28th December, 2019 underwent a minor surgery and was, vide Medical Certificate dated 29th December, 2019 issued by the said UHM District Hospital, Kanpur, declared medically fit; (vi) that thereafter the petitioner applied for review medical examination, which was carried out on 27th February, 2020 and in which, the petitioner was again found medically unfit, this time owing to (a) being a operated case of varicose veins left lower limb (date of operation dated 28th December, 2019); and, (b) post operative right side varicocele (less than 6 months); (vii) that though the petitioner represented against the findings of the Review Medical Board but did not hear anything further; and, (viii) that the findings dated 23rd December, 2019 of the Medical Board and the findings dated 27th February, 2020 of the Review Medical Board are contrary to the findings dated 16th December, 2019 of the annual medical checkup of the petitioner. Reliefs, of setting aside of the findings of the Review Medical Board and in the alternative, of treating the petitioner as medically fit, immediately after lapse of six months of 28th December, 2019, when the petitioner underwent surgery, are sought.

(3.) The petition came up before this Court first on 6th March, 2020, when notice thereof was ordered to be issued. The petition thereafter remained to be listed owing to the prevalent pandemic. The petitioner applied for early hearing and the application therefor came up before this Court on 30th July, 2020 and was allowed and the petition, considering the nature of the relief claimed therein, was taken up for hearing forthwith.