BRANCH RECRUITMENT OFFICER Vs. RAKESH SUKLA

JUDGEMENT

(1.) This writ appeal has been preferred against the judgment of a learned Single Judge dated 21.8. 96 in Civil Rule No. 3384 of 1994.

(2.) In order to appreciate the controversy involed in the present writ appeal it is necessary to have a brief look at the facts of the instant case giving rise to the filing of writ petition by respondent Rakesh Sukla.

(3.) Admittedly respondent applied for the post of soldier Tradesman under army Medical Core. The application was filed in the Branch Recruting office,Rangapahar, Dimapur in the State of Nagdand. He having been called for screening test, physical test and medical examination, he was found fit on 3.8.93 for soldier Tradesman. Thereafter respondent was called for common Entrance Examination which was held on 26.9.93. Respondent having appeared in the written examination was declared successful and he was informed vide Annexure-B attached with the main writ petition that he would be sent to the Training Centre.Thereafter, respondent was again medically examined and found fit on 23rd of October, 1993 as has been averred by the respondent but this fact was disputed by the appellants. However, this Court need not go into this factual aspect of the matter because it is hardly relevant for deciding the real question in controversy. It appears that at a later point of time respondent was again examined and one Lt. Col. A.N.C. Das found some problem with the hearing of the respondent and declared him unfit. The medical report as given by Dr. Das which was app/roved by the medical Bord without examining the respondent reads as under :