HARSIMRANJEET SINGH Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) In the year 2011, the petitioner applied for the post of Assistant Commandant in Central Police Forces, appeared in the written Examination in September, 2011 under Roll No. 090358 and on 30.5.2012, he was declared to have qualified the same. He was called for Physical Efficiency Test followed by Medical Examination, which was held on 23.6.2012 at Jalandhar Cantt. He qualified in the Physical Efficiency Test. But, he was found temporarily unfit in the Medical Examination conducted on 25.6.2012 at CH(BSF) Jalandhar because of abnormality of short great toes of both feet and hallux valgus of both great toes and was overweight by 4 kilogram. Thereafter, the petitioner got himself medically examined from Dr. Surjit Singh, M.S.(Ortho), SMO, Bharatgath (Ropar), who vide report dated 27.6.2012 (Annexure P -7) declared him medically fit for the post of Assistant Commandant and held that opinion of the Presiding Officer of Respondent's Medical officer (Annexure P -5) was an error of judgment. The petitioner also got himself examined at PGIMER, where, vide report dated 2.8.2012 (Annexure P -8), it was opined that the said deformity was not liable to cause any physical disability to the petitioner.

(2.) Vide letter dated 11.7.2012, the petitioner was called by respondent No. 2 to appear in the Review Medical Examination by the "Appellate Authority held on 28.7.2012 at Composite Hospital, Chandigarh, which also declared him unfit by verbal communication. The petitioner represented to respondent No. 2 for medical reexamination, in response to which, vide order dated 23.8.2012 (Annexure P -8), he was informed that no representation lies against the findings of Review Medical Examination. It is this order, which has been assailed in the present writ petition.

(3.) Considering the contradictory opinions regarding the medical examination of the petitioner, this Court on 19.9.2013 had passed the following order: - -