DURGA SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner has sought the quashing of the action on the part of the respondents declining to conduct a Review Medical Board/ examination of the petitioner after the appeal was filed by him against the decision of the medical Board declaring him medically unfit on account of the petitioner having 'Leukodermia', a cutaneous condition, an acquired condition with localized loss of pigmentation of the skin that may occur after any number of inflammatory skin conditions, burns, intralesional steroid injections, postdermabrasion. He has also sought a writ of mandamus directing the respondents to hold a Review Medical Board/examination and if found fit to appoint him to the appropriate post.

(2.) BRIEF facts to comprehend the disputes raised by the petitioner are that the petitioner had applied for recruitment as Head Constable (Min.) in the Border Security Force in response to letter dated October, 2011 issued by the Commandant, 25th Bn., BSF, Chhawla Camp, New Delhi.

(3.) THE plea of the petitioner is that though he had submitted his request for a Review Medical Board with the specialist certificate, however, his request for the Review appeal Medical Board was declined on the ground that the medical certificate issued by Civil Medical Practitioner did not indicate that the decision of the BSF Medical Board diagnosing the petitioner having Leucoderma was on account of error of judgment. The petitioner has contended that the mere perusal of the medical fitness certificate obtained by the petitioner negates the plea taken by the respondent that the medical certificate was not given in accordance with the proforma, because the medical certificate in question clearly stipulated that the 'Leucoderma' as has been opined by the Medical Board was on account of an error of judgment.