RAJESH KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) This special appeal arises out of an order passed by learned Single Judge in Writ-A No.21108 of 2023 whereby the appellants' grievance in respect of their candidature having been overlooked on account of a medical ailment has been rejected.

(2.) Learned Single Judge has noticed the facts of the case as per which the appellants applied for the post of Constable Driver in the Central Police Organization-SSB. They were found suffering from small hydrocele. The Rules of recruitment permitted conduct of review medical examination, wherein also the appellants were non-suited. Aggrieved by the rejection of their candidature, the appellants approached writ Court. Learned Single Judge has observed that the respondents fairly treated the appellants in the matter of recruitment and the conduct of medical examination as well as the review medical examination was found in accordance with the procedure laid down for recruitment.

(3.) It is not in issue that the physical examination of the candidate provisionally selected for appointment in Central Police Organization has to be undertaken in accordance with the guidelines issued by the Ministry of Home Affairs, Government of India. Detailed guidelines were earlier issued on 20/5/2015, which have been partially modified on 21/5/2021. The guidelines have been produced before us. The manner of conduct of examination has been specified in the guidelines. Clause 6 contains various physical ailments/deformity on account of which the candidature of a candidate could be rejected. Clause 25 which deals with large and small hydrocele reads as under:-