RESIKESH KUMAR Vs. THE UNION OF INDIA THROUGH DIRECTOR GENERAL OF CENTRAL RESERVE POLICE FORCE AND ORS.

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and Mr. N.A. Shamsi, learned Assistant Solicitor General, who appears on behalf of all the Respondents. The petitioner, while invoking extraordinary writ jurisdiction of this Court under Article 226 of the Constitution of India, has prayed for issuance of appropriate writ directing the Respondents to constitute fresh Medical Board for re -checking the petitioner medically and to appoint him on the post of constable CT/G.D. (Male) in the Central Reserve Police Force (hereinafter referred to as "C.R.P.F."), if the petitioner is found fit in the fresh Medical Board.

(2.) THE petitioner had applied for his recruitment as constable in C.R.P.F., Mokamaghat in the year 2011. The test was conducted by Staff Selection Commission in the year 2011. The petitioner qualified in Physical Efficiency Test (PET) and Physical Standard Test (PST) and he also qualified in the written test for constable (G.D.). Thereafter, final result was published. He was allotted Roll Number as 3206025207. After he qualified, he was called for medical test on 7.6.2012 in Group Centre, C.R.P.F., Amethi (U.P.). However, he was found medically unfit. The petitioner subsequently got himself medically examined by Medical Officer, Sadar Hospital, Arrah and on the strength of such certificate, he requested the authorities for review Medical Board. This was entertained by the Dy. Inspector General of Police, Group Centre, C.R.P.F., Amethi (U.P.) and vide Annexure -5 to the writ petition i.e. letter, contained in S.R. 2 -6/2012 -Estt.6 dated 26th July, 2012, the petitioner was informed to appear before the Medical Board on 6.8.2012. The petitioner has pleaded that said communication was received on 7.8.2012 by the petitioner i.e. after the date fixed for re -medical examination and, as such, he could not appear before the Medical Board for his re -medical examination.

(3.) IN this case, a counter affidavit has been filed on behalf of Respondents. Mr. N.A. Shamsi, learned Assistant Solicitor General has argued that though the petitioner was intimated to appear for his re -medical examination, he failed to appear before the Medical Board and, as such, at subsequent stage, the petitioner may not be allowed to claim for his re -medical examination.