ROCKEY Vs. UNION OF INDIA

JUDGEMENT

(1.) The present petition has been filed seeking setting aside of the findings of the Initial Medical Board (in short, 'IMB') and the Review Medical Board (in short, 'RMB') dtd. 15/9/2021 whereby the petitioner has been declared medically unfit for induction in the Indo Tibetan Border Police Force (in short, 'ITBP'). The petitioner further prays for a direction to the respondents to medically examine the petitioner again by a team of expert doctors in a fair and transparent manner and if found fit, appoint the petitioner in the ITBP with all consequential benefits.

(2.) It is the case of the petitioner that pursuant to the Notification for 'Recruitment for the Post of Constable (Driver)' dtd. 4/2/2018 (hereinafter referred to as the Notification'), the petitioner had applied against the vacancies for the post of Constable (Driver) in the ITBP. For the purpose of appointment, the petitioner appeared for the Written Test as well as the Documentation and Practical (Skill) Test and cleared both stages. Upon clearing these stages of the recruitment process, the petitioner was shortlisted and issued an admit card for verification of original documents and a Detailed Medical Examination (in short, 'DME') by the IMB.

(3.) The petitioner appeared for his DME before the IMB at Referral Hospital, Greater Noida on 13/9/2021 and 14/9/2021. The IMB vide its report dtd. 13/9/2021 declared the petitioner to be medical unfit on two grounds, namely 'defective distant vision Rt. Eye 6/12' and 'fistula in ANO '. However, no document with respect to the IMB was provided to the petitioner.