GHNAKANTA BORO Vs. UNION OF INDIA

JUDGEMENT

(1.) In this application under Article 226 of the Constitution, the petitioner's case is that he was selected after interview by the selection board for the post of Messenger in the Army. Thereafter, by a letter dated 18.2.98, issued from 155 Base Hospital by the Company Commandant, the petitioner was advised to report to the said Hospital on 26.2.98 with his educational certificate, birth certificate and SC/ ST/OBC certificate. Pursuant to the said letter, the petitioner reported before the competent authority at the 155 Base Hospital with all testimonials on 26.2.98. The competent authority, however, directed the petitioner to go through a medical check up on 28.2.98. The petitioner went through the said medical check up on 28.2.98 and was waiting for his appointment letter. But he was informed by a letter dated 23.3.98 issued from the 155 Base Hospital by the Company Commandant that he had been found medically unfit for the post of Messenger in the medical examination held on 28.2.98. The petitioner then got himself examined by the Joint Director of Health Services, Sonitpur, Tezpur on 4.3.98, who submitted a medical report that the petitioner was fit for field service. The said medical report has been annexed to the writ petition as Annexure-3. Therefore, the petitioner has prayed for quashing the communication dated 23.3.98 of the company Commandant informing that he was found medically unfit for the post of Messenger and for a direction on the respondents to accept the medical report issued by the Joint Director of Health Services, Sonitpur, Tezpur and to issue appointment letter in favour of the petitioner.

(2.) Mr. B. Banerjee and Mr. S.C.Biswas, learned counsel for the petitioner, vehemently submitted that the aforesaid report of the Joint Director of Health Services, Sonitpur, Tezpur would show that the petitioner was fit for the post of Messenger for which he was selected by the selection board. They further submitted that the petitioner has been denied appointment to the said post of Messenger on the flimsy ground that he suffers from anxeity neurosis and, therefore, unfit for service. According to Mr. Banerjee and Mr. Biswas, the authorities have arbitrarily denied the appointment to the petitioner with a view to favour the private respondent Shri Krishna Kalita for the said appointment and, therefore, the action of the authorities is violative of the rights of the petitioner to equality in matters of public employment under Articles 14 and 16 of the Constitution as well as his right to life under Article 21 of the Constitution.

(3.) In reply to the said submission, Mr. K.K. Mahanta, learned CGSC, contended that for recruitment to Army as Messenger, the authorities will go not by the medical report submitted by the Joint Director of Health Services, Govt. of Assam, but by the medical report submitted by the Doctors of the Base Hospital of the Army. Relying on the averments made in affidavit-in-opposition filed on behalf of the respondents, Mr. Mahanta submitted that the medical examination of the petitioner was conducted on 28.2.98 and the report was submitted by the Lt. Col. A.K. Choudhury of 155 Base Hospital to the effect that since the petitioner was suffering from anxeity neurosis, he was disqualified for employment in the office of the 155 Base Hospital. The said medical report was forwarded to a Medical Board consisting of three Doctors and the said Medical Board of Doctors approved the said medical report and accordingly the petitioner was informed by a letter dated 23.3.98 that he had not been found medically fit for the post of Messenger as per the medical examination held on 28.2.98.