RAJESH KUMAR Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) THIS Letters Patent Appeal is filed challenging the order of the learned Single Judge made in S.W.P. No. 1363/2013 dated 03.12.2013 wherein the learned Single Judge dismissed the writ petition filed by the appellant praying for a writ of mandamus directing the respondents to select/recruit and enroll the appellant as Constable (General Duty) in any one of ITBPF, BSF, CISF, CRPF, SSB and Rifleman (GD) in Assam Rifles with effect from 31st September, 2011 with all consequential benefits.

(2.) THE case of the appellant before the learned Single Judge was that he is a permanent resident of village Tridwal Tehsil and District Rajouri of Jammu and Kashmir State. He applied for recruitment in pursuance to the notification issued by respondent No. 2, inviting applications in all States of India totaling 39574 posts for male candidates through Employment News dated 3 -9 December, 2011, as Constable GD. The eligible candidates were to be recruited on the basis of competing in physical standard test, physical efficiency test, written examination and finally the medical examination. The appellant applied in un -reserved category and he was called upon to undergo the physical standard test and physical examination test at CRPF Camp, Bantalab, Jammu during February/March, 2012. The appellant was examined by the Recruiting Medical Officer of respondent No. 3 and he was found to be fit. The height and chest measurement of the appellant was taken which was found to be of the prescribed physical standard. The appellant was made to run 5 kilometers which he completed within 24 minutes. The appellant was thereafter subjected to Biometric test and at that time also he was thoroughly examined by the officers of the Recruiting Commission deployed at CRPF Camp Bantalab, Jammu. After satisfying the physical standard test, respondent No. 3 called upon the appellant to undergo the physical efficiency test. The appellant cleared the high jump and long jump and thereafter he was called to run one mile within 6.30 minutes besides undertaking high jump and long jump. According to the appellant he cleared the physical efficiency test to the utmost satisfaction of the respondents and thereafter he was called upon to appear in the written examination on 22.04.2012 at Dogra Higher Secondary School, Shastri Nagar, Jammu between 10 a.m. to 12 noon under Ticket No. 1010109 and Roll No. 1004518819 and in the written examination also he was declared successful. Thereafter the appellant was called upon to appear in the medical examination against State wise vacancies in which the appellant figured at Record No. 2160 and 5377. He was ordered to appear for the medical examination at Medical Centre (008 -005) F.T.R., HQ BSF, Jammu, P.O. BSF Paloura Camp, Jammu by respondent No. 3 through his letter dated 07.07.2012 and the Medical Board diagnosed that the appellant is suffering from poor distant vision ( rt. Eye 6/9) and he was also diagnosed to be suffering from Knock -knee disability. The report was issued on 23.07.2012. The appellant filed an appeal before respondent Nos. 2 and 3 based on which he was directed to appear before a Review Medical Board at C/H Jallandhar (Punjab) which was conducted on 28.05.2013. The Review Medical Board found that the appellant is not suffering from inferior eye vision of right eye, however, the disability of Knock -knee was reiterated.

(3.) MR . N. Dubey, learned counsel appearing for the appellant contends that the appellant having been found fit in physical efficiency test and having come successful in the high jump, long jump and the running competition twice, the finding given by the Medical Board regarding his Knock -knee disability is erroneous and even the Government Hospital at Kathua assessed as to whether the appellant is suffering with any disability particularly Knock -knee and the said aspect assessed and certified on 30.07.2012 that the appellant was not suffering from any Knock -knee disability and, therefore, denial of selection and appointment to the appellant on the said ground of Knock -knee disability is illegal, arbitrary and the learned Single Judge dismissed the writ petition merely relying on the averments made in the counter affidavit filed by the respondents herein, the appellant is entitled to succeed.