RUSHIKESH BALSHIRAM BORHADE Vs. UNION OF INDIA

JUDGEMENT

(1.) As per facts, the respondents issued an advertisement dtd. 24/4/2019 for the post of Assistant Commandant (AC) in the Central Armed Police Forces (CAPF). The petitioner applied for the said post, appeared and cleared the written, physical efficiency test and personality on 20/11/2020 securing 278th rank. Thereafter, vide appointment letter dtd. 13/4/2023, the respondent no.2 appointed him to the post of AC in the Border Security Force (BSF) and directed him to join Tenakpur Training Academy by 15/5/2023.

(2.) As per procedure, re-medical examination of petitioner was to be conducted to detect/ discover any disease/ disability/ accidental injury incurred during the intervening period of initial medical examination, wherein, he was found 'Unfit' by the Medical Board (MB) on 15/6/2023 as being 'overweight' and having 'left renal calculi with mild hydroureteronephrosis with haematuria'. Thereafter, the petitioner was once again found 'Unfit' as he was suffering from 'left renal calculi with mild hydroureteronephrosis' by the Review Medical Board (RMB) consisting of three medical officers including a Specialist on 19/9/2023.

(3.) As per petitioner, he was unaware of anything as he was neither informed anything nor allowed to leave the Academy nor was sent for basic training till 4/11/2023, when he received the letter dtd. 25/10/2023 informing him for the first time that he had been declared 'unfit to undergo basic training' as he was suffering from 'left renal calculi with mild hydroureteronephrosis'.