KAJAL KUMARI Vs. UNION OF INDIA

JUDGEMENT

(1.) EVEN if the petitioner is otherwise found medically fit for an appointment to the post of Constable in the recruitment process, the candidature of the petitioner was rejected as the petitioner failed to submit the Domicile Certificate.

(2.) THE recruitment process, as published, requires several stages and one of such stage is the Detailed Medical Examination (DME). The petitioner was called for DME but was initially found unfit. The terms and conditions enshrined under the said recruitment process permits the candidate to apply for Review Medical Examination, which was invoked by the petitioner and in the Review Medical Examination the petitioner was found fit by the Medical Experts. It would be relevant to quote the dates of the initial medical examination and the review medical examination, which was done on 15th January, 2014 and 26th March, 2014 respectively.

(3.) IT is not in dispute that the petitioner applied for the Domicile Certificate prior to the date of the initial DME and a certificate in this regard was produced at the time of the medical examination. The authorities allowed the petitioner to undergo the medical examination and after finding that the petitioner is not medically fit, rejected the candidature. The Review Medical Examination, which was conducted on 26th March, 2014 opined that the petitioner is fit for the appointment. In the meantime, the competent authority issued the Domicile Certificate dated 20th February, 2014, which was applied on 13th January, 2014. The authorities thought that the Domicile Certificate should have been issued prior to the initial DME and not subsequent thereto.