LAWS(CAL)-2017-5-140

TAPAS SANFUI Vs. UNION OF INDIA & OTHERS

Decided On May 19, 2017
Tapas Sanfui Appellant
V/S
UNION OF INDIA AND OTHERS Respondents

JUDGEMENT

(1.) Pursuant to a notification for recruitment in Assam Rifle, the petitioner applied for the post of Constable (GD). Subsequently, he participated in the physical eligibility test, physical standard test, etc. and was issued admit card for the written examination in which he appeared. After this, he appeared at the medical test. The medical officer declared the petitioner unfit for employment as he was suffering from knock-knee.

(2.) The petitioner states that as per the opportunity given by the respondent authorities, he filed an application for an appeal by way of a Review Medical Examination in the printed format after obtaining necessary medical certificate from a medical practitioner, specialist medical officer of Government, district hospital and above. In the said application form it was specifically mentioned that if a candidate failed to submit his or her application within the stipulated time, it shall be treated to have been cancelled without any further notice. It was also mentioned that if the appeal is not signed by the candidate and the medical certificate is not signed by the doctors, the appeal would be summarily rejected.

(3.) The petitioner claims to have complied with all the formalities. The medical officer of Bishnupur District Hospital, Bishnupur, Bankura duly certified and declared the petitioner medically fit for the said post. The petitioner was subsequently examined by the Review Medical Board on August 30, 2016 and again he was declared unfit on the same ground.