ABHIJITH G.S Vs. UNION OF INDIA

JUDGEMENT

(1.) The writ petitioner is an applicant to the post of Constables(G.D.) in Central Armed Police Forces, pursuant to Ext.P1 notification dated 21/7/2018 issued by the second respondent. After the successful submission of the application, the writ petitioner was called for Physical Standard Test(PST) and thereafter for the Physical Efficiency Test(PET) on 23/8/2019. Thereafter, he was called for the next stage of Detailed Medical Examination(DME) on 21/1/2020. After the examination, he was issued with Ext.P3 memorandum stating that he was unfit for the reason of "KNOCK KNEE". Claiming that the examination was not properly conducted and that it was not even presided by a presiding officer, the petitioner filed an appeal against Ext.P3 along with Ext.P5 medical certificate issued by the Additional Professor of Orthopadics, Government Medical College, Thiruvananthapuram, dated 24/1/2020, who had given an opinion that there was no clinical and radiological evidence of knock knee(genus valgum). On the strength of Ext.P5 medical certificate, his appeal was accepted and the petitioner was directed to appear for a Review Medical Examination(RME). Medical examination was held on 10/10/2020 and he was issued with Ext.P7 review medical report. It also reiterated that the petitioner was unfit on account of genus valgum.

(2.) The petitioner has challenged Exts.P3 and P7 certificates in this W.P.(C) contending that they are unreliable and are not medically acceptable. The petitioner has preferred this writ petition to quash Exts.P3 DME and P7 RME and to declare that the petitioner is medically fit for the post covered by Ext.P1 notification. It was also requested that the 3rd respondent may be directed to include the petitioner in the final list prepared for Ext.P1 notification.

(3.) A detailed counter affidavit was filed by the respondents. In the counter affidavit, the allegations in the writ petition were denied and it was pointed out that the report of the Review Medical Board was final and cannot be challenged in any proceedings. It was pleaded that, the appellate authority had, after proper review medical examination, had declared the petitioner medically unfit on 10/10/2020. This is available on the Dossier of the petitioner. Along with the counter affidavit, the Dossier of the petitioner and the true copy of the guidelines for the recruitment medical examination of CAPF was also produced. Thereafter, along with a memo, copy of the guidelines was against produced stating it to be the revised guidelines as on May 2015.