AJAY KUMAR Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) The petitioner is a candidate for the post of Constable (General) in the Central Reserve Police Force. In response to an advertisement of 50 posts, he had applied and was subjected to physical test on July 11, 2001. On medical examination, he was declared unfit on July 22, 2001. He filed an appeal for his medical re-examination. He was again declared unfit on November 1, 2001 when his medical re-examination was undertaken at 28th Bn. CRPF, Hallo Majra, Chandigarh. The respondents eventually requested the prestigious institution PGIMER, Chandigarh, to conduct review medical-examination of the petitioner. On April 24, 2002, the petitioner is claimed to have been declared fit to join service. He was called for interview on June 19, 2002 at Group Centre, CRPF, Gurgaon, Haryana. He was issued appointment letter on July 10, 2002, and he was to join his service on July 29, 2002. On March 24, 2003, the services of the petitioner were terminated as he was declared medically unfit on that date (P-6). Aggrieved by the aforementioned order, the petitioner has approached this Court by invoking a writ under Article 226 of the Constitution.

(2.) After the filing of the written statement by the respondents, this Court vide order dated August 9, 2005 has observed that since the petitioner has been found to have a squint in his right eye and has been subsequently discharged from service being medically unfit. This Court has noticed in para 2 of the Preliminary Objections of the written statement, which reads as under :-

(3.) After noticing the aforementioned para, this Court had directed that the petitioner be re-examined at the PGI so as to find out as to whether the petitioner was still fit for appointment and as to whether there was squint in his eye or as to whether he was suffering from Exophoria, rendering him unfit for service in CRPF. Accordingly, the petitioner was forwarded to the PGI, Chandigarh.