NATHMAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In pursuant to a notification dt. 21.3.1992 the petitioner faced process of selection conducted by the respondents for appointment as Guard with third Battalion, Home Guards, Bikaner. On qualifying written and field work test the petitioner was subjected to medical test wherein he was declared unfit to be recruited as Guard being lacking required measurement of chest i.e. 81 cms. without expansion and 86 cms. with expansion. Accordingly, the petitioner was outlisted from the selection. By way of filing a civil suit the petitioner assailed decision of the respondents and sought a mandatory injunction for reassessing his fitness by a competent medical board and to award appointment as Guard. The suit aforesaid came to be decreed on 30.08.1996 with a direction to the respondents (defendants in the suit aforesaid) to hold fresh physical and medical test within a period of one month and to include the petitioner (plaintiff in the suit concerned) in the select list, if he is found suitable.

(2.) In compliance of the judgment and decree dt. 30.08.1996 the Battalion Commandant, third Battalion, Border Home Guards, instructed the petitioner to report before the Medical Jurist, Bikaner for necessary medical check-up. An information to this effect was also give to the Medical Jurist, Bikaner under a communication dt. 07.10.1996. As per the petitioner he reported for medical test as per the instructions, but no effort was made by the Medical Jurist to assess his medical fitness. The petitioner accordingly again agitated his cause for constituting an appropriate Medical Board and that appears to be constituted by an order dt. 15.10.1996. It is stated by the petitioner that the Medical Board said to be constituted under the order dt. 15.10.1996, without making proper examination submitted its report to the Superintendent, Associated Group of Hospitals, Bikaner, who in his turn remitted the same to the Battalion Commandant, third Battalion, Bikaner. The petitioner immediately thereon made request to competent authorities of the Government of Rajasthan about impropriety in the medical test conducted by the Board constituted under the order dt. 15.10.1996. The Government on being satisfied with the stand of the petitioner superseded its all earlier orders regarding constitution of the Medical Board and for conducting medical test of the petitioner. A decision was also taken by the Government to reconstitute a Medical Board for medical examination of the petitioner as that is apparent from communication dt. 15.02.1997 (Anx.10), which reads as follows:

(3.) In compliance to the instructions received from the Government of Rajasthan as referred in the communication dt. 15.02.1997, the Superintendent, Associated Group of Hospitals, by an office order dt. 06.02.1997 constituted a Medical Board consisting of three experts. The office order referred above reads as follows: