PRATAPA EKKA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, has filed this application praying to quash the order under Annexure-1 dated 21.05.2007 cancelling his offer of appointment as Constable Tailor in CRPF as on medical examination, he was declared unfit due to "BENIGH SPINDLE CELL TUMER".

(2.) The short facts of the case in hand are that pursuant to advertisement vide Annexure-3 issued by Additional D.I.G.P, CRPF Group Centre, Bhubaneswar for recruitment to the post of Constable in Central Reserve Police Force, the petitioner applied for the same and went through the process of selection enumerated therein and he having been found qualified, appointment letter was issued on 13.03.2007 vide Annexure-4 pursuant to which he joined on 11.04.2007. But, his order of appointment was cancelled vide Annexure-1 dated 21.05.2007 declaring him unfit due to "BENIGH SPINDLE CELL TUMER". Since "BENIGH SPINDLE CELL TUMER" is a deformity for enlistment of CRPF irrespective of status of the case, his candidature for the post of Constable was not accepted by the authority. Therefore, the petitioner filed an appeal for re-medical examination for which he deposited the required amount. Consequently medical report vide Annexure-5 dated 10.06.2007 was produced by the petitioner in which Senior Surgery Specialist has certified that he had operated the Spindle Cell Tumer of right leg of the petitioner and the petitioner is now relieved and free from Tumer. He further certified in the certificate in the prescribed form that he has no such disease/deformity and found fit in all respect and there is no such defect/deformity which will be hindrance to the petitioner in the performance of active duties in the CRPF. Thereafter, the petitioner was called upon to attend the review-medical examination on 10.10.2007 as per Office order dated 21.09.2007 vide Annexure-2, The petitioner presented himself for such re-medical test but no result was communicated even though he was represented. Hence this application.

(3.) Mr. C. Mohanty, learned counsel for the petitioner strenuously urged that the petitioner having been selected by following regular process of selection pursuant to advertisement vide Annexure-3 and was appointed as Constable in CRPF pursuant to which he joined. While he was in service he received the impugned letter canceling his offer of appointment on the ground of suffering from "BENIGH SPINDLE CELL TUMER". Though he was found suitable on examination by the doctor vide Annexure-5 he was called upon for re-medical examination but till date the result of such examination has not been communicated to him. As the impugned order was passed without following due procedure of law, he seeks to quash the same. It is further urged that due to non-compliance of the principles of natural justice the impugned order cannot sustain in the eye of law.