NAVEEN KUMAR Vs. UNION OF INDIA AND ORS

JUDGEMENT

(1.) In response to an advertisement for recruitment to the post of Constable (GD) - 2015 in CAPFs, NIA and SSF, the petitioner had participated in the Combined Recruitment Written Examination. He qualified the written examination and was directed to appear for a physical test and medical examination. On 23.05.2016, the petitioner was declared medically unfit on three counts : (i) varicose vein (left), (ii) Tremors (fine), and (iii) Tachycardia. He was informed about his right to file an appeal against the findings of the Medical Examination Board and was advised to apply for a review medical examination after obtaining necessary medical certificate from a Medical Practitioner within 15 days, failing which his candidature for recruitment as Constable (GD) in CAPFs would be treated as cancelled without any further notice.

(2.) The petitioner got himself treated surgically for varicose veins at Swastik General Surgery and Laparoscopy Hospital, Rohtak where he remained admitted from 28.05.2016 to 30.05.2016. On the day of his discharge itself i.e. on 30.05.2016, the petitioner got himself medically examined by the Chief Medical Officer, General Hospital, Jhajjar, who declared him to be fit for recruitment to the post of Constable (GD) in CAPFs. After undergoing correctional surgery and on being declared fit, the petitioner applied for a Review Medical Examination, which was conducted on 27.08.2016. The petitioner has alleged that the Review Medical Board declared him unfit without even examining him. Thereafter, the petitioner again approached Swastik General Surgery and Laparoscopy Hospital, Rohtak. After he was subjected to undergo a Colour Doppler Varicose Vein Test, he was certified to be 'Fit'.

(3.) Thereafter, the petitioner again requested the respondents for getting himself medically examined by a larger Board of Doctors at some reputed hospital, which was not responded to by the respondents.