VIPIN KUMAR Vs. UNION OF INDIA & ANR.

JUDGEMENT

(1.) THE petitioner has sought the quashing of order dated 10th March, 2011 whereby the request of the petitioner for Review Medical Board had been accepted and the petitioner was directed to appear before the Review Medical Board Examination at FHQ, BSF Hospital -II, Tigri Camp, New Delhi on 25th March, 2011. The petitioner has also sought direction to the respondents to give appointment to the petitioner to the post of ASI (Steno)/Head Constable (MIN) in BSF. The relevant facts for comprehending the disputes raised by the petitioner are that the petitioner had applied for the post of ASI (Steno)/Head Constable (MIN) in the BSF. The respondents thereafter, issued the letter dated 15th August, 2010 to the petitioner, bearing Roll No.11602767, directing him to appear in the written examination which was to be held on 19th September, 2010 at 25 Bn. BSF, Chhawla Camp, New Delhi -110071. According to the petitioner, he qualified the examination and after qualifying the written examination, he was directed to appear for the physical examination, typing test, computer theory, practical and interview. The petitioner alleges that he qualified all these tests successfully.

(2.) THEREAFTER , the petitioner was called for the medical examination, however, after his medical examination as per result dated 20th December, 2010 the petitioner was declared medically unfit. The petitioner was declared medically unfit on account of allegedly having hypertension, DNS C Rhinitis, Tachycaralia, Knock Knee and Tremors C Rembryism.

(3.) THE petitioner, therefore, applied for the Review Medical Examination after obtaining the medical fitness certificate from Dr. Deepak Joshi, who is a specialist in the field of Orthopedics. Dr. Deepak Joshi on examination had declared the petitioner to be medically fit for the post of ASI (Steno)/Head Constable (MIN). The petitioner also obtained a medical fitness certificate from Dr. Sudhir an ENT specialist, who also declared the petitioner medically fit. The petitioner further obtained a certificate from the Sports Injury Center indicating that the petitioner was fit. Regarding DNS C Rhinitis, the petitioner got himself medically examined by Dr. S.P. Kataria, who also declared him medically fit. Regarding hypertension, Tachycaralia, Tremors C Rembryism, the petitioner obtained a certificate indicating that the decision of the Medical Board of the respondents was on account of error of judgment. The petitioner thereafter, deposited the charges for the Review Medical Board by a demand draft of Rs.50/ - and on fulfilling the terms and conditions for constituting the Review Medical Board, the respondents by letter dated 10th March, 2011 directed the petitioner to appear before the Review Medical Examination at FHQ, BSF Hospital -II, Tigri Camp, New Delhi.