ANOWAR HUSSAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. J. Islam, learned counsel for the petitioner. Also heard Mr. N. Borah, learned CGC appearing for the respondents. This writ petition, in essence, seeks a direction to the respondent authorities to appoint the petitioner as Constable (GD) in Central Reserve Police Force (CRPF) con sequent upon setting aside and quashing of declaration made by the Medical Authorities of the CRPF declaring the petitioner unfit for the post.

(2.) Facts as disclosed in the writ petition are that pursuant to an advertisement (An-nexure-1) dated 27.06.2005 being advertisement No. 1 for the year 2005, inviting applications for the post of Constable (GD), Central Reserve Police Force (CRPF), from the residents of Assam, Meghalaya and Arunachal Pradesh, being eligible, the petitioner applied for the same. He cleared the physical efficiency test. He was called for written test to be held on 09.10.2005. The petitioner appeared in the written test and came out successful. The declaration of the result of written test was made on 30.10.2005. He was called for oral interview on 31.10.2005 and he came out successful in such interview as well. The name of the petitioner appeared at Sl. No. 21 of the select list. Thereafter, he was asked to appear before the Medical Board to assess his fitness for appointment. The result of the medical examination was declared on 01.01.2006. He was declared "temporarily unfit'' by letter dated 10.01.2006. While communicating that he had been declared "temporarily unfit", he was directed again to report at Group Centre, CRPF, Guwahati on 13.02.2006 for review of medical examination along with admit card, etc. and proof of cure from disease/deformity at his own risk/cost. The petitioner got himself medically examined at Gauhati Medical College Hospital and as advised, got chest X-ray done on 30.01.2006, report of which was furnished on 31.01.2006. He was again examined by the doctors at Gauhati Medical College Hospital on 02.02.2006 and he was found fit and accordingly, a Medical Certificate was issued to that effect.

(3.) The petitioner reported, as directed by the letter dated 10.01.2006, to the authorities concerned on 13.02.2006 and produced the Medical Certificate dated 02.02.2006 of the Gauhati Medical College Hospital. The said certificate was not accepted and the petitioner was referred to Good Health Hospital. After subjecting the petitioner to a chest X-ray, Good Health Hospital submitted report to the CRPF authorities. However, again the petitioner was declared as unfit by the doctors of CRPF. The petitioner subsequently obtained the report from Good Health Hospital which go to show that everything was normal with the petitioner. On the basis of the report, declaring him unfit, the petitioner was declined appointment.