ANISH BARLA Vs. UNION PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) This writ petition is directed against the action of the respondents in rejecting the candidature of the petitioner for appointment to the post of Assistant Commandant, Group "A" in the Central Police Forces on the ground of medical unfitness. The petitioner, a scheduled tribe candidate, submitted his application for the post of Assistant Commandant, Group "A" in the Central Police Forces. The petitioner cleared all the tests during the recruitment process but was not selected in the medical test, and was declared medically unfit by the Medical Board of the respondent on the ground that he had superficial skin disease. At the request of the petitioner, he was again medically examined by the Review Medical Board, but even in the said Review Medical Board he has found medically unfit for continuing superficial skin infection in lower limbs. The respondents, therefore, rejected the candidature of the petitioner on medical ground holding that since it had not subsided over a period of six weeks, impliedly it was more than a superficial infection and was an inveterate skin disease. The aforesaid stand was taken by the respondent in view of the Hand Book of Medical Examination, which is applicable to the respondent's department. It is found therefrom that if a candidate is suffering from an inveterate skin disease, his candidature can be rejected. Accordingly, a decision was taken by the respondent that the candidature of the petitioner be rejected on the ground that he was medically unfit to hold the post. Admittedly, despite the fact that the petitioner had cleared all other facts thereafter he was failed and declared unfit on the medical ground that he had continuous superficial skin disease which had been described by the respondent as inveterate skin disease.

(2.) Counsel appearing for the petitioner, however, has submitted before us that the petitioner is now free from the said skin disease and a certificate to that effect is placed on record by the petitioner. He further has submitted that a dermatologist of Safdarjang Hospital had certified and declared the petitioner to be medically fit for the post by giving opinion that the infection in the limbs of petitioner has now healed, leaving behind hyper pigmentation. The said certificate is dated 29th March, 2005 and is annexed as Annexure P 15 on our record.

(3.) Taking notice of the aforesaid certificate given by a dermatologist of a Recognised Hospital of Delhi, we are of the considered opinion that the petitioner should now be re-examined medically by another Review Medical Board of the respondents which is called Central Police Force Medical Board. We are further of the considered opinion that a skin specialist shall be a member of the said Medical Board whrh would be examining the petitioner in terms of this order. We accordingly direct that the petitioner shall be examined by the said Board of which atleast one member shall be a skin specialist and if the respondent does not have any skin specialist with it, a request shall be made to the Head of Department of Dermatology of the All India Institute of Medical Sciences, New Delhi, who on request of the respondent shall spare a Professor of Dermatology from their Institute, who will be made as a member of the said Board.