NIRASHA BAGHEL Vs. UNION OF INDIA

JUDGEMENT

(1.) KU . Nirasha as her name portends had to face disappointment and feels utterly frustrated by her non -selection to the post of Lady Constable in Central Reserve Police Force. She is a member of Scheduled Caste. On the basis of her qualification, achievement and excellency in sports and as an athelete she was selected on merits. When put to medical examination, before issuance of appointment order in her favour, the Medical Officer who examined her found white leucoderma patches on her hips, both legs and hands. He gave his opinion in the forms of a certificate (filed as Annexure R -2 with the return of the respondents) and contains the following remarks .

(2.) ON behalf of the petitioner the above medical opinion given by the Medical Officer of the CRPF is challenged as erroneous. Shri Prashant Singh assisted by Shri Mrigendra Singh learned counsel appearing for the petitioner submits that the petitioner had successfully cleared the physical endurance test. In the petition it has been stated that she is a good athelete and excellent player of Volleyball/Basketball. She represented various district level teams of atheletic events and of Volleyball/Basketball tournaments. Her case is that she does not suffer from any physical disability and has no problems even if exposed to sun for field duties. Alongwith the petition she has filed certificate from skin specialist that Leucoderma the medical term of which is 'Vitiligo' is not any infectious or contagious decease. It is submitted that on such un -substantial medical grounds that the petitioner has white patches on her skin on some parts of the body, the petitioner could not have been denied appointment to the post of Lady Constable.

(3.) IT is not disputed by learned counsel for the parties that the medical officer who examined the petitioner and gave the above medical opinion is not a skin specialist. This Court, therefore, granted opportunity to the parties to produce further medical opinions or standard medical text books on the subject. The petitioner has filed certificates obtained from the Skin Specialist which merely say that the decease is not contagious or infectious. The medical opinion containing the remark of the medical officer came to the knowledge of the petitioner only when the return was filed by the respondents in this case. Thereafter no further medical opinion has been filed on behalf of the petitioner.