ASHISH KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) In the instant case, the petitioner is aggrieved by the failure of the respondents to conduct a Review Medical Board despite his request for the same. The petitioner had participated in the recruitment undertaken by the respondents for the post of Sub- Inspector in Central Armed Police Force and Assistant SubInspector in the Central Industrial Security Force pursuant to advertisement dated 18th-24th February, 2012. The petitioner had admittedly qualified the written examination as well as the physical efficiency test. However, he was declared medically unfit during the medical examination conducted between 11th-12th September, 2012 on account of alleged deformity in the left upper limb. The petitioner has contended that there was no deformity in his left upper limb as alleged; that in fact the petitioner had suffered fracture for which a support had been given. On removal of the support, petitioner was fit to discharge all duties attached to the post in question.

(2.) The petitioner exercised his right to appeal against the findings of the Medical Board. Before doing so, the petitioner got himself subjected to a medical examination by the Chief Medical Officer, PGI, Rohtak wherein it was held that the petitioner did not have any deformity in his hands. The petitioner therefore, approached the respondents enclosing the said medical certificate of the PGI, Rohtak. However, he did not receive any information of the date and time of the Review Medical Board.

(3.) The respondents had apparently undertaken a Review Medical Board of other candidates. Upon learning of the same, the petitioner approached the respondents whereupon he was informed that his Review Medical Board was scheduled on 7th November, 2012 in which he had failed to appear and nothing further could be done.