RAJESH KUMAR Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) THE petitioner was certified medically unfit for consideration for appointment to the post of constable (GD) in the Para Military Forces. In the medical certificate obtained by the petitioner from Safdarjung Hospital, New Delhi, which was submitted by him in terms of the advertisement, he was declared as not suffering from a condition called "Winging of (Rt) Scapula". The reason for rejection of the petitioner is on medical grounds. The petitioner appealed for re -examination by Review Medical Board on 1.10.2011. The appeal was allowed. The Issuing Authority in the respondent department issued and admit card for appearing in review medical examination signed on 5.10.2011 (P -6 at page 33 of the paper book). The reporting time was 0730 Hqrs. on 23.10.2011 at the Training Centre, SSB, Sapri Tehsil Dehra, Distt. Kangra (HP) Tele/FAX -1970 -223389. Despite the fact that the admit card was signed on 5.10.2011 and was dispatched to the petitioner on 11.10.2010 and was received by him on 25.10.2011 when the date fixed for the review medical examined was over. The petitioner was not medically examined thereafter.

(2.) BEFORE approaching this Court, the petitioner had filed a writ petition before the Delhi High Court which was dismissed for want of territorial jurisdiction but in the written statement filed by the respondents before the Delhi High Court, reliance was placed on instructions dated 6.7.2011 addressed to the various Staff Selection Commissions in which a decision was taken in para 3 that call letters may be issued to the candidates at the earliest and in any case 15 days prior to the date of medical examination. Candidates were required to be called for such examination to the centre nearest to the place of their residences to the extent possible. The petitioner is resident of Village Nahri District Sonepat which adjoins New Delhi. The Centre chosen for the petitioner was in Himachal Pradesh in District Kangra.

(3.) LEARNED counsel for the respondents has not been able to dispute that the admit card/letter was signed on 5.10.2011. If it had been posted immediately, it would most certainly have reached in time to prepare the petitioner to present himself for medical examination.