SURENDER KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) I Petitioner was provisionally selected for appointment as Constable in CRPF subject to this medical fitness on 13.3.2001. He reported for appointment on 19.3.2001, but was found suffering from "Pulmonary Kocks" (TB) on medical examination and was declared temporarily unfit. He was, however, advised to file an appeal against this supported by the medical fitness certificate within thirty days. He claims that he approached MCD/RBTB Hospital and also GB Pant Hospital and was declared medically fit vide certificate dated 5.5.2661. He thereafter made a representation on 9.5.2001. On this he was called for a second medical opinion at Gurgaon on 31.7.2001, but was found unfit due to hypertension and tybyradi by the medical Officer on examination. He was later informed by communication dated 10.10.2001 of being medically unfit for his enrollment in CRPF. He again filed an appeal to DIG (CRPF) and asked for a thid medical examination but his request was rejected.

(2.) Petitioner has filed this petition challenging the rejection of his plea on the ground that once he was declared fit in reference to "Pulmonary Kocks" he could not be subsequently declared unfit for "hypertension and tybyradi" on second medical examination. He also complains that order dated 16.16.2661 declaring him unfit for enrollment was passed without any application of mind and was violative of Principle of Natural Justice. He also invokes a judgement of this court in Naresh Kumar Vs.Union in his aid to claim that he could be subjected to medical examination by an independent Board.

(3.) Respondents" stand proceeds on expected lines. According to them petitioner was selected provisionally subject to his medical fitness, under paragraph 1.16 of CRPF Manual. He was, however, found suffering from "Pulmonary Kocks" first and then from "hypertension and tubyradi" on second examination. He was, accordingly, declared unfit for enrolment. He could not be, therefore, subjected to any further examination under CRPF Circular Order No.8/84 which provided for one time appeal in the matter: