LAWS(CAL)-2017-2-55

SHIBA PRASAD PATRA Vs. UNION OF INDIA

Decided On February 28, 2017
Shiba Prasad Patra Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Three petitioners have joined together to file the present writ petition as they claim to have a common cause of action against the respondents, particularly, the authorities of the Indian Army as they have not been allowed to participate in the written examination.

(2.) The thin line of commonness running between the petitioners is that pursuant to advertisements for recruitment in Indian Army, the petitioners applied for Soldier Technical category (all Army). After qualifying in the physical tests they appeared at the medical examination. The petitioner no. 1 was diagnosed with squint and other disabilities, the petitioner no. 2 was diagnosed with disabilities of wax left ear and deformity in the left thumb. The petitioner no. 3 was diagnosed with disability of varicose vein bilateral and hyperhydrosis.

(3.) After being so diagnosed by the Medical Board, three petitioners took three courses of separate action. The petitioner no. 1 went for an examination at the Medical College Hospital, Purba Midnapore, the petitioner no. 2 got himself examined at R. G. Kar Medical College Hospital Kolkata and 3rd petitioner went to the Medical College and Hospital at Kolkata. All these petitioners appear to have been declared fit by the respective hospitals they approached after their initial disqualifications by army doctors.