DHIRENDRA SINGH JADON Vs. UNION OF INDIA

JUDGEMENT

(1.) The brief facts of the case are that the petitioner had qualified for recruitment into the Assam Rifles as a Technical Tradesman in the rank of Radio Mechanic Warrant Officer, and was duly appointed by a Provisional Appointment letter dtd. 27/7/2018 issued by the respondent No. 4. After reporting for joining his post, the petitioner was made to undergo a Review Medical Examination and was found to be unfit for recruitment in the Assam Rifles on account of his vision being found to be of CP IV Level. The petitioner was then sent to the Central Reserve Police Force Composite Hospital at New Delhi to undergo a Review Medical Examination by a Medical Board and was found to be unfit for service due to defective Colour Perception of the category CP IV. Thereafter, by a rejection slip dtd. 10/1/2019, issued by the respondent No. 7, the candidature of the petitioner for appointment in the Assam Rifles, was rejected on the ground of defective colour vision.

(2.) The petitioner thereafter, filed a representation on 21/1/2019, before the respondent No. 3, and as no reply was forthcoming filed a writ petition being WP(C) No. 47 of 2019 before this Court, which directed that the pendency of the writ petition shall not operate as a bar for deciding the appeal, if filed or may be filed by the petitioner. On an appeal being filed by the petitioner dtd. 27/3/2019, the respondent No. 3 by reply dtd. 29/3/2019 informed that further re-medical examination of the petitioner cannot be considered. The said WP(C) No. 47 of 2019, was then disposed of as infructuous, with liberty given to the petitioner to assail the order dtd. 29/3/2019. Hence, the petitioner is before this Court again by way of this instant Writ Petition.

(3.) It is contended by Mr. S. Chakrawarty, learned senior counsel on behalf of the petitioner that, having been found medically fit initially for appointment in the Assam Rifles, the findings of the Medical Board subsequently that the petitioner was unfit with CP IV vision is not tenable. It is submitted that, no where in the rules of any provision, has it been stipulated that a candidate having CP IV vision, be not eligible for appointment in the Assam Rifles. He further submitted that, many of the grounds in the appeal filed by the petitioner were not addressed by the respondent while disposing of the appeal. He thus prays that the impugned rejection slip dtd. 10/1/2019, be set aside and quashed.