VINOD BHANDKOLIYA Vs. UNION OF INDIA AND ORS

JUDGEMENT

(1.) The petitioner has filed the present writ petition seeking directions to the respondent no.3/Staff Selection Commission (SSC) to issue him a letter, for selecting him to the post of Constable (GD) in the CAPF or the post of Rifleman (GD) in the Assam Rifles.

(2.) The brief facts of the case are that in February, 2012, the respondent no.3/SSC had issued an advertisement inviting applications for recruitment to the post of Constable (GD) in the CAPF and Rifleman (GD) in the Assam Rifles. The petitioner had applied for the said posts in the OBC category from Madhya Pradesh. In March, 2012, the petitioner was called for a Physical Efficiency Test wherein he was found fit. On 204.2012, the petitioner appeared in the written examination which he duly qualified by obtaining 62 marks, which was more than the cut off marks obtained by the last selected candidate from Madhya Pradesh in the OBC category i.e. 61 marks.

(3.) After qualifying the written examination, the petitioner was called for his medical examination on 06.08.2012 wherein he was declared medically unfit. As all candidates including the petitioner who were declared unfit had an option of preferring an appeal by seeking a Review Medical Board, the petitioner exercised the said option and preferred an appeal against the findings of the Medical Board. While the petitioner's application for appearing before a Review Medical Board to be constituted by the respondents was pending, the respondents proceeded to declare the result of the examination and issued a select list on 17.10.2012 wherein, the petitioner's name did not feature. It transpires that thereafter, the petitioner had appeared before the Review Medical Board on 21.05.2013 and was declared medically fit.