MAHESH KUMAR MEENA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner has sought directions for the constitution of an Independent Medical Board at the Army Hospital (R&R) or in any other Govt. Hospital to re-examine the petitioner and if found fit, to consider him for appointment to the post of Constable (VM) in BSF, by the respondents, with all consequential benefits accruing therefrom. THE petitioner has also sought a declaration that the actions of the medical authority of BSF in declaring the petitioner medically unfit on account of having Varicose Veins while declaring another candidate, Sh.Sandeep Kumar, fit though he also had the same disease, is discriminatory and consequently to set aside the result of the medical examination and the review medical examination held on 19th May, 2011 and 6th July, 2011 respectively. THE petitioner has also sought that the complete medical record in respect of the petitioner and Sh. Sandeep Kumar (Roll No.41300027) be also called for.

(2.) BRIEF relevant facts to comprehend the controversies are that the petitioner had applied for the post of Constable in the BSF pursuant to an advertisement. The pay scale for the post of Constable (Vehicle Mechanic) in BSF was Rs.5200-20200/-+ Grade Pay of Rs.2000/- and the petitioner was allotted the Roll No.41300030. The petitioner had appeared in the written examination and the physical test and he was declared successful. Thereafter, he had also appeared for the medical examination on 19th May, 2011 at STC Jodhpur. The result of the medical examination was given on the same day and it was declared that the petitioner was unfit due to Varicose Veins (Optd.)-C Varicose Veins feet. Though the petitioner was declared medically unfit, he was given an option to apply for the review medical examination, after obtaining the necessary medical certificate from a specialist medical practitioner of the concerned field, as per the proforma in Form No. Technician-2011/BSF/APL.

(3.) THE petitioner contended that before approaching the Review Medical Board, the petitioner had also got himself medically examined in the Lok Nayak Hospital, New Delhi and that the doctor in the Hospital had found the petitioner medically fit. THE concerned doctors of Lok Nayak Hospital had also issued a certificate dated 4th June, 2011 in this regard and in the certificate it was stated that no varicose veins were seen in the petitioner.