RADESH SINGH Vs. UNION OF INDIA & ANR

JUDGEMENT

(1.) The present petition has been filed by the petitioner, who is aggrieved by the rejection of his candidature in the OBC category in respect of the post of a Constable (Driver) in the respondent No.2/ITBP, pursuant to an advertisement issued in January, 2015, inviting applications for 472 posts of Constable (Drivers) out of which 95 posts were earmarked for OBC candidates.

(2.) The admitted facts of the case are that in January, 2015, the respondent No.2/ITBP issued an advertisement, inviting applications from the candidates for recruitment to the post of Constable (Driver). The petitioner, an OBC candidate, had applied for appointment to the subject post on 29.06.2015. He had qualified the written test and the physical test on 14.12015. On 20.06.2016, the petitioner was called for a medical examination at Chandigarh. He underwent the medical examination on 207.2016, where he was declared unfit on account of a medical infirmity, namely, "Hypospadias". On 25.07.2016, the petitioner applied for a re-medical examination. On 31.08.2016, he was summoned by the Appellant Medical Board at the Base Hospital, ITBP, Delhi. Vide order dated 17.09.2016, the Appellate Medical Board referred the petitioner to the Medical Board at Safdurjung Hospital, New Delhi where the attending Doctor (M.S. Surgery Urology) observed as follows:

(3.) Thereafter, the petitioner did not hear from the respondents at all and after waiting till October, 2016 he filed the present petition.