LAWS(DLH)-2016-2-286

RAM VEER Vs. UNION OF INDIA AND ORS.

Decided On February 19, 2016
RAM VEER Appellant
V/S
Union of India And Ors. Respondents

JUDGEMENT

(1.) The petitioner prays for issuance of a writ of mandamus, directing the respondent/CISF to consider him for appointment to the post of a Constable (Driver) by declaring him medically fit. Mr. Trivedi, counsel for the petitioner submits that in the year 2014, the respondent No. 2/CISF had issued an advertisement for recruitment to the post of a Constable (Driver) and the petitioner had applied in response. After clearing the written examination and the physical examination, the respondent No. 2/CISF issued a letter dated 27.3.2015, calling upon the petitioner to appear for his medical examination on 23.4.2015 at the CISF Unit, SSG Greater Noida, Gautam Budh Nagar, UP, where he was issued a rejection order dated 23.4.2015, declaring him unfit due to the following reason:

(2.) The aforesaid rejection order mentioned that if the applicant proposes to file an appeal against the findings of the medical examination, he should apply for a review medial examination to the respondent after obtaining a medical" certificate from a registered Medical Practitioner in the prescribed form, within fifteen days. Accordingly, the petitioner had approached the General Hospital, Alwar for an opinion and a Medical Fitness Certificate dated 24.4.2015 was issued by a Specialist at the said Hospital, who opined that the petitioner had "an old injury and now that the fracture of the middle finger has united well, he has got back the functioning of his left hand except shorting of middle finger, which has no significance".

(3.) Armed with the aforesaid Certificate, the petitioner had filed an appeal before the respondents on 15.6.2015 for a review medical examination. In response, the respondent directed the petitioner to appear for his review medical examination at CISF NHCC Hospital, Saket, New Delhi on 7.7.2015. When the petitioner appeared before the said Hospital on 7.7.2015, he was referred to Safdarjung Hospital for a medical examination.