SATISH KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) This letters patent appeal has been preferred by appellant (petitioner) impugning the legality of judgment dated 28.11.2016 rendered by learned Single Judge in CWP No.24395 of 2016 titled "Satish Kumar Vs. Union of India and others", in terms of which, claim of appellant for his medical fitness and direction to the respondents to consider his claim for recruitment as Constable (General Duty) in CAPFs/NIA/SSF and Rifleman (GD) in Assam Rifles, has been dismissed.

(2.) Appellant's case in brief is that respondents had issued an advertisement for recruitment of Constables (General Duty) in CAPFs/NIA/SSF and Rifleman(GD) in Assam Rifles wherein total number of vacancies were 62,390. Appellant being eligible and having requisite qualifications applied for the same under OBC category. Appellant's application was found in order and he was issued Roll No.221406018298. Appellant appeared for physical test and he was declared successful/qualified in the said test on 14.07.2015, as is evident from Annexure P-2. Thereafter, appellant appeared in written examination, which was held on 04.10.2015 and he qualified said test as well. Appellant was called for medical examination on 07.06.2016 and he appeared before Medical Board where vide Annexure P-4 dated 08.06.2016, he was declared medically unfit due to the following reason:-

(3.) Respondent No.1 in its counter affidavit has categorically contended that in the medical examination appellant was found unfit and further in the review medical examination, he was again found unfit. Since requirement to paramilitary forces like CRPF, highest standards of physical fitness are required and for this Medical Authorities of Para-Medical Forces are the best judge to examine the medical fitness of a candidate. Further, it is contended that opinions rendered by Government Civil Doctors are not relevant keeping in view the trying and toughest circumstances, which the forces encounter everyday in real life in unfriendly terrain. In this manner, respondents have sought dismissal of instant appeal.