PRABHAKARAN Vs. DIG OF POLICE

JUDGEMENT

(1.) PETITIONER was selected for appointment as a police Constable in the Armed Police Battalion after undergoing the written test as well as physical efficiency test held by the Public Service Commission. The petitioner satisfied the physical qualifications and physical efficiency required by the special rules regarding height, chest, eye sight and other matters. His name was therefore advised for appointment; but he was not actually appointed. He was directed to undergo a medical examination on 7-1-1987, on which he attended. He was called upon to appear for a further medical examination on 27-5-1987 when he was examined by one Dr. N. V. Inasu, Civil Surgeon and Physician attached to District Hospital, Trichur. According to the petitioner, the said Doctor could not arrive at a definite conclusion regarding the condition of his heart, and therefore, he referred the case to Sree Chithra Thirunal Institute of Medical Sciences and Technology, Thiruvananthapuram. A copy of the letter of reference relied on by the petitioner is Ext. P2. It states that the petitioner's problem is one which is viewed differently by different physicians. A request was therefore made to investigate the matter and to do what was needed. The petitioner was accordingly examined at the Sree Chithra Thirunal Institute consequent on which a note was given to him on 5-6-1987 certifying that there was no significant heart disease detected in him. This note is further corroborated by the certificate Ext. P6 issued by the Institute on 9-11-1987 wherein it was certified that the petitioner was investigated for cardiac disease, and that the clinical examination and investigations showed that he did not have any detectable cardiac disease. He should undertake all normal activities.

(2.) HOWEVER and after the examination on 27-5-1987, Dr. Inasu recorded his opinion in the departmental registers as "unfit" "Palstenesis" (Pulmonary Stenosis). Because of this record, the petitioner was not appointed as a police constable. He made a representation Ext. P4 to which he received a reply Ext. P5 stating merely that the medical board which examined him on 27-5-1987 had reported that he was not fit for appointment as a Police Constable. The petitioner thereupon filed this original petition, and on his motion, this court passed an interim order directing one post of Police Constable in the Armed Police Battalion to be kept vacant until further orders.

(3.) THE petitioner contended alternately that in any event, and having regard to the facts of his case, there is no final and conclusive opinion rendered by any authority that he is medically unfit. According to him, Dr. Inasu did not corns to any final conclusion about his medical unfitness, On the other hand, he referred the case for further consideration by Sree Chithra Thirunal Institute. When that Institute has, on investigation, come to the conclusion that he does not suffer from any heart ailment and is fit for normal duties, there is no basis for the Government to refuse to appoint him in service.