AMIT Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) By this order, I propose to decide CWP No. 13372 of 2012 titled as Amit Vs. Union of India and others and CWP No. 6279 of 2012 titled as Mahipal Vs. Union of India and others, wherein common questions of facts and law are involved and the cases are being taken up together for disposal, as per the request made by the counsel for the parties. Facts are primarily taken from CWP No. 13372 of 2012 titled as Amit Vs. Union of India and others.

(2.) In pursuance to an advertisement issued by the respondents, petitioner applied for the post of Constable (Water Carrier) under the OBC category. He cleared the physical efficiency test, the written test and was called for medical examination. When the names of the selected candidates was displayed on the notice board, petitioner's name did not find mention there. On 21.12.2011, rejection slip (Annexure-P-7) was delivered to the petitioner, wherein the cause of rejection of his candidature was medical unfitness because of he suffering from disability of varicose veins. Thereafter, petitioner received a letter dated 9.2.2012 (Annexure-P-8) from the respondents for his re-medical test to be conducted on 5.3.2012 in Composite Hospital, ITBP, Post Seemanagar, Near Airport, Chandigarh (UT). Petitioner appeared for the re-medical examination on 5.3.2012 and on 24.6.2012, petitioner was shocked to receive letter dated 24.5.2012 (Annexure-P-9) from the Deputy Inspector General/Recruitment/ Administration (North-West) Frontier, according to which the petitioner had been declared unfit during the detailed medical test for recruitment in the re medical examination. Petitioner approached the Swai Man Singh College and Hospital, Jaipur, for getting himself examined medically. Doctors conducted Colour Doppler test of both the lower limbs of the petitioner and a report dated 4.6.2012 was obtained from Mayur Clinic for Diagnosis, Jaipur, in which it was opined that there is normal study of bilateral lower limb. Copy of the report is appended as Annexure-P-10 (Colly). Report dated 4.6.2012 (Annexure-P-11) was given by the Swai Man Singh Medical College and Hospital, Jaipur, showing that the Colour Doppler study shows normal study of both lower limbs. He therefore has approached this Court by way of present writ petition, challenging the finding recorded by the Medical Board.

(3.) Petitioner has thus approached this Court praying for quashing of the rejection slip dated 21.12.2011 (Annexure-P-7), vide which his candidature has been rejected for appointment to the post of Constable (Water Carrier) in Indo-Tibetan Border Police Force (in short 'ITBP Force') on the ground that he has been found to be medically unfit because of he having varicose veins and order dated 22.5.2012 (Annexure-P-9), conveying the petitioner that his candidature has been finally rejected as he has been declared ineligible for the post of Constable (Water Carrier) by the Medical Board during the course of his detailed medical examination.