ROMY KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking setting aside of order dtd. 13/7/2015 (Annexure P-7) whereby he has been discharged on the ground of medical unfitness.

(2.) The petitioner pursuant to advertisement dtd. 3/12/2011 (Annexure P-1) applied for the post of Constable. The petitioner cleared written test and thereafter he participated in the Physical Efficiency Test which he qualified. He was issued appointment letter, however, subsequently declared medically unfit. The respondents found that petitioner is a patient of chronic supportive ofitis and TM Perforation. The petitioner approached this Court and on the direction of this Court, the petitioner was subjected to re-examination by a Medical Board of Post Graduate Institute of Medical Education and Research, Chandigarh (in short "PGIMER"). The Medical Board in its report has confirmed that the petitioner had history of chronic discharge in both ears and he was diagnosed as a case of CSOM (Chronic Suppurative Otitis Media) in both ears. It has also been noticed in the report that petitioner has undergone surgery at Jammu.

(3.) Mr. Anil Chawla, Senior Panel Counsel for Union of India submits that it is undisputed fact that petitioner has undergone surgery and report of PGIMER also confirms that petitioner was chronic patient of discharge in both ears and he was diagnosed as a case of CSOM (Chronic Suppurative Otitis Media).