JITENDER KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner has sought direction to the respondents to allow the petitioner to have a Review Medical Board for ascertaining his medical fitness for the post of Head Constable (Radio Operator) and to appoint him to the said post in Border Security Force.

(2.) THE petitioner has alleged that he had applied for the post of Head Constable (Radio Operator) in Scheduled Castes category. Pursuant to his application, an admit card was issued to him and he was called for written test on 25th September, 2011 and he was allotted the roll number 111220400757. The petitioner qualified the written test whose result was declared on 10th October, 2011 and he was called for physical test at STC BSF, Jodhpur, Rajasthan. The petitioner thereafter, was referred for medical examination on 21st October, 2011 at Jodhpur, Rajasthan.

(3.) THE petitioner further pleaded that on 24th January, 2012 he received a communication from the respondents rejecting his request for Review Medical Board on the ground that his appeal for re- examination had not been received within the prescribed time. The petitioner has, therefore, challenged the action of the respondents, inter-alia, on the grounds that the respondents have acted in utter violation of the principles of natural justice as after the operation, the petitioner is a healthy person and he does not have any physical disability. The petitioner asserted that he is a victim of internal conflicts and the wrong policies of the respondents and in the circumstances, the respondents be directed to constitute a Review Medical Board and he should be appointed to the post of Head Constable (Radio Operator).