RAJPAL Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner in the present petition under Article 226 of the Constitution of India seeks quashing of the decision of the respondents not to dispatch the petitioner for recruits training, after declaring him 'Unfit' and to direct the respondents to implement the results of the petitioner declared vide IRO-CEE 27/11/2016, result of Soldier GD and dispatching him forthwith to 1 STC (Signal Training Centre), Jabalpur.

(2.) After applying for online recruitment in the Army by IRO, Delhi Cantt. and after receipt of a call letter therefrom, the petitioner qualified in physical test and was declared 'Fit' on 14/10/2016 and found place in the Merit List at S.No.84 on 3/12/2016. Thereafter, though the petitioner was declared fit vide dispatch medical examination on 15/2/2016, he could not be dispatched for 1 STC, Jabalpur since his Police verification from Palwal, Haryana and Mathura, Uttar Pradesh qua his matrix marksheet were not yet received. Awaiting the same, the petitioner got operated on his right ear on 13/5/2017 at Gaba Eye and ENT Hospital, Palwal, whereafter his ears were found to be perfectly all right on 1/6/2017.

(3.) However, as per the petitioner, when he was again called for remedical at IRO, Delhi Cantt. before he was scheduled to be dispatched in June, 2017, he was declared 'Unfit' on 5/6/2017 by the Recruiting Medical Officer and sent to Base Hospital wherein an ENT Specialist observed a Scar on his exterior right ear and was sent back to IRO, Delhi Cantt. Once again, the Recruiting Medical Officer at IRO, Delhi Cantt. declared the petitioner 'Unfit'.