SAYYAD NAIMALI KACHRUDDIN Vs. BORDER ROADS ORGANISATION

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. By consent, heard finally at the stage of admission.

(2.) The petitioner seeks to assail the decision of Border Roads Organisation (hereafter BRO for short) to declare him Permanently Medical Unfit for a job as a Driver Mechanical Transport (Ordinary Grade) and set aside the finding of the Medical Review Board dtd. 4/5/2019 holding the petitioner Permanently Medical Unfit for the said post due to "Presternal Keloid Chest".

(3.) Brief facts are as under : The BRO published an advertisement for vacancies inter alia for the post of Driver - Mechanical Transport (Original Grade). The petitioner who has the requisite qualification and eligibility for the said post submitted his application for the same and was subsequently called for a Physical Efciency Test and Practical Test on 23/8/2018. The petitioner accordingly appeared and cleared the said test and then was called for the written test. After clearing the written test, he was notified that he had been provisionally selected for the said post and was called upon to undergo a Medical Examination on 18/2/2019. The petitioner underwent the Medical Examination and vide communication dtd. 19/2/2019 he was informed that he is found to be "Medical Permanently Unfit" due to Chest Keloids, Cardiac Murmur and Coarse Digital Tremor and that his candidature was liable to be cancelled. The petitioner was further asked to undergo and appear for a Medical Review on 23/3/2019. The petitioner appeared for a Medical Review Examination at Military Hospital, Kirkee on 23/3/2019. However, vide notice dtd. 4/5/2019 he was declared "Unfit in Skin" due to "Presternal Keloid Chest" and accordingly his candidature was cancelled.