NAVEEN KUMAR Vs. UNION OF INDIA & OTHERS

JUDGEMENT

(1.) THE Staff Selection Commission issued advertisement for direct recruitment to the post of Constables (GD) under a joint advertisement for appointment in BSF, CISF, SSB, GRPF & CRPF. The petitioner states that he was eligible for the post of Constable (GD) and had accordingly submitted his application under the Schedule Caste category. The petitioner was permitted to participate in the selection process which consisted of a written examination, physical efficiency test and as also a physical standard test. It is further averred that the petitioner was declared successful. Thereafter, the petitioner was called for Common Detailed Medical Test on 11.07.2012. But in the light of communication dated 14.07.2012 (Annexure P -3), the petitioner was declared unfit due to 'knock knee'. In this very communication the petitioner was advised that it is open for him to avail the benefit of re -examination at the hands of Review Medical Board by filing an appeal against the findings of Medical Board, provided he obtains a necessary medical certificate as regards his fitness is concerned. The petitioner submitted an appeal for being examined by a Review Medical Board (P -5) which was supported by a medical certificate dated 18.07.2012 (P -4) issued by the Medical Officer, General Hospital, Narnaul. In such certificate the Medical Officer, Narnaul had declared him medically fit for the said post. Counsel for the petitioner has argued that the grievance of the petitioner is that even though the petitioner filed an appeal for constitution of Review Medical Board on 21.07.2012 (P -5), the same was rejected by the authorities vide letter dated 16.10.2012 (P -6) on the ground of baseless objections.

(2.) ON the basis of this, learned counsel contends that the petitioner be sent to a review medical board. However, I am not inclined to accept the prayer of the petitioner. On perusal of the record, it transpires that the appeal filed by the petitioner has rightly been invalidated on the ground that the draft was not prepared in favour of the authority as directed and a self -addressed envelope with Rs. 5/ - stamp was not enclosed with the appeal.

(3.) THE Medical Board has found the petitioner not medically fit for appointment to the post of Constable (GD) in Central Armed Police Forces. The uniformed forces such as the respondents in which the petitioner seeks employment are bound by their own medical standards which are to be established by their own doctors and the board constituted for the said purpose which will have primacy in the matter. Moreover, the petitioner is knock kneed and the condition is such which is visible to the eye and, therefore, no further expert medical opinion is required. Therefore, the argument that the petitioner be sent to a review medical board is not found tenable.