MASTER SAIRAAJ SARKAR Vs. UNION OF INDIA

JUDGEMENT

(1.) In the writ petition, Master Sairaaj Sarkar, the petitioner, represented by his father, has prayed for a Direction upon the respondents to admit him in Class VI of Sainik School, Purulia in 2013-14 session after setting aside the order passed by the Appellate Authority in review upholding the order passed by the Medical Board declaring him to be physically unfit as had "knock knee" which had rendered him ineligible for admission, though he was successful in the written examination. At the time of admission of the petition, directions were issued for filing of affidavits. Affidavits have been exchanged and are on record.

(2.) Heard learned advocates for the respective parties. It is be noted that admission in Sainik School is subject to the final clearance after medical examination. Such examination is done by a medical board. If unsuccessful, candidate has a right to prefer appeal with supporting medical documents before an appellate authority. In the instant case, though the petitioner qualified in the written examination, he was unsuccessful in the examination conducted by a medical board. Admittedly, the medical report of the board, along with a forwarding letter was sent to the petitioner. In the forwarding letter dated 18th March, 2013, it was intimated that the petitioner was at liberty to "appeal to the Principal, Sainik School, Purulia with supporting medical proof by competent medical authority countering the findings of the previous medical board...." Accordingly, on 25th March, 2013 the petitioner filed appeal before the Principal, Sainik School, Purulia, the respondent No. 4 enclosing the reports of the North Bengal Medical College and Hospital and Siliguri District Hospital, which had declared him to be fit. Consequently the respondent No. 4 by letter dated 25th March, 2013, forwarded the same to the President, Medical Board, Command Hospital (EC), Alipore, Kolkata.

(3.) The short point is whether the appellate authority while preparing the report had considered the supporting medical proof or documents issued by civil hospitals declaring the petitioner to be medically fit.