SUNIL Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner through instant petition under Articles 226/227 of Constitution of India is seeking setting aside of report dtd. 9/7/2019 (Annexure P-3) and 24/9/2019 (Annexure P-6) whereby he has been declared medically unfit for the post of Constable (Telecom) in ITBP.

(2.) The petitioner pursuant to an advertisement applied for the post of Constable (Telecom). The petitioner was issued an admit card and thereafter, he appeared in the written test as well as Physical Efficiency Test (PET) and Physical Standard Test (PST). The petitioner was subjected to medical examination wherein vide report dtd. 9/7/2019, he was declared unfit due to varicose veins at lower limb. The petitioner got himself operated from the Government Hospital and thereafter requested for Review Medical Board. The petitioner was subjected to re-examination by Review Medical Board which vide report dtd. 24/9/2019 which declared him unfit on the same ground i.e. varicose veins.

(3.) Learned counsel for the petitioner submits that the petitioner has already got himself operated, thus, respondent has wrongly rejected candidature of the petitioner. The petitioner deserves to be examined by Medical Board constituted by PGI, Chandigarh. In support of his contention, he relies upon order dtd. 19/5/2015 passed by a Division Bench of this Court in LPA No.654 of 2015 titled as 'Raju vs. Union of India and others' and order dtd. 3/12/2013 passed by this Court in CWP No.15706 of 2012 titled as 'Anoop Kumar vs. Indo Tibetan Border Police Force and others'.