ANURAG CHATURVEDI Vs. STATE OF MP

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed seeking the following reliefs:-

(2.) It is submitted by the counsel for the petitioner that an advertisement was issued for appointment on the post of Forest Guard and written test was conducted. The petitioner was declared successful. Accordingly, call letter dated 29/02/2016 (Annexure P-3) was issued for the purpose of viva voce, walking and physical measurement. It is submitted that on 16/03/2016, the body measurement of the petitioner was taken and he was found fit and, thereafter, the appointment order was issued. According to the said appointment order, the petitioner was required to submit the certificate issued by the Medical Board about the body measurement, however, the Medical Board has given the body measurement which is 1cm less than the measurement taken by the Forest Officials. It is submitted that once, the petitioner has been declared fit by the Forest Officials, then there was no need to ask the petitioner to undergo the medical test and to obtain medical certificate afresh. In view of the certificate given by the Medical Board, the petitioner has been denied appointment.

(3.) The respondents have filed their return and did not dispute the fact that the petitioner was declared selected and, therefore, his appointment order was issued, but it is alleged that since the petitioner was not found fit by the Medical Board, therefore, he is not entitled for any relief. It is further mentioned in the return that it is the rule of the State that every employee must obtain certificate from the Board and only if a candidate is found fit by the Board, then he can join the services. Heard the learned Counsel for the parties.