MANISH DADWAL Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking direction to respondents to conduct fresh medical examination of the petitioner.

(2.) The petitioner was selected for the post of Constable (GD). He was subjected to medical examination on 23/8/2017 and in the said examination, he was found fit. On account of administrative issues, the petitioner was not forwarded for training and in this process, a period of 180 days expired and as per policy of the respondent, the petitioner was re-examined on account of expiry of 180 days. In the re-examination, the petitioner was declared unfit on the ground of 'Squatting Defect'. The petitioner requested for Review Medical Board. The petitioner was subjected to medical examination by Review Medical Board wherein vide report dtd. 6/3/2018, he was declared unfit on the ground of 'Squatting Defect'.

(3.) Learned counsel for the petitioner INTER ALIA contends that petitioner in the first medical examination was found medically fit and on account of administrative reasons, a batch of selected candidate could not be sent for training. A period of 180 days expired and entire batch was subjected to medical re-examination. As per information of the petitioner, the respondent declared four persons medically unfit on the same ground i.e. 'Squatting Defect'. The petitioner got himself examined from Civil Hospital Hoshiarpur, wherein he was found free from aforesaid defect. The alleged defect at the most is a temporary defect which occurs on account of exercise. The prayer of the petitioner is limited to the extent that he may be subjected to fresh medical examination.