SANJAY KUMAR Vs. DIRECTOR GENERAL OF POLICE

JUDGEMENT

(1.) In this petition under Article 226 of the Constitution of India, the petitioner prays for issuance of an appropriate writ, order or direction, directing the respondents to issue a letter of appointment to the petitioner as Soldier (General Duties) in CRPF. He also prays for the relief of grant of compensation of Rs. 1 lakh on account of mental pain, agony and hardship suffered by the petitioner on account of the negligent and arbitrary action on the part of the respondents.

(2.) The necessary facts are that the petitioner appeared in the recruitment test for the post of Soldier (G.D.) held by the respondents on 11.11.2002 at Haridwar. He cleared the written test, however, in the medical test conducted by the respondents, it was found that he was suffering from "Angulation of Elbow Joint". Vide letter dated 25.3.2003 (Annexure P1) the respondents had advised the petitioner to get himself medically examined by a competent medical officer of the District Hospital and obtain a certificate stating that he was not suffering from the said disability which would result in his disqualification from the selection held by the Department. In pursuance to this letter the petitioner appeared before the Chief Medical Officer and the Ortho Surgeon of the District Pauri Garhwal. A physical fitness certificate dated 31.3.2003 was issued by the competent doctors. Copy of the said medical certificate of the petitioner and the covering letter is annexed with the petition as Annexure P2 and P3. It is submitted by the learned counsel appearing for the petitioner that the petitioner submitted the above medical certificate dated 31.3.2003 with the Department on 2.4.2003. It is further stated that despite completing all the necessary formalities, no letter of appointment was issued to the petitioner. Thereafter, the petitioner made various representations to the respondents and also sent a legal demand notice dated 12.1.2004 (Annexure P-10) for redressal of his grievances. In addition to the above, the petitioner also served another legal notice dated 14.6.2005 on the respondents calling upon them to take appropriate measures and give to the petitioner the requisite relief. Having failed to get any relief from the respondents the petitioner has filed the present writ petition.

(3.) The respondents filed a counter affidavit stating that the matter was listed before the High Court on 26.9.2005 vide which order the Court directed the petitioner to report to the Chief Medical Officer for the purpose of medical examination and directed the said report to be submitted before the Court within four weeks. The court further directed that the same would be without prejudice to the plea of the petitioner and also the plea of the respondent that the petitioner was overage and was not entitled to any relief by the Court. Pursuant to the said order, the medical examination of the petitioner was conducted by the Re-Survey Medical Board at BH-1, CRPF, Jharoda Kalan which declared the petitioner as medically unfit.