PRAHLAD SINGH MEENA Vs. UNION OF INDIA

JUDGEMENT

(1.) INSTANT petition has been filed by petitioner assailing medical report, which holds him unfit for the post of Head Constable [ministerial] in which he was finally selected in CRPF.

(2.) PETITIONER was finally selected as Head constable [ministerial] after undergoing process of selection laid down by the respondents and he was provisionally appointed vide letter dt. 15th january, 2006 in pursuance thereof, he reported for duty on 28th January, 2006. But, this provisional appointment was subject to Clause 4 (h) of the order of appointment where he has to seek medical fitness from the medical officer of the department. However, medical board found the petitioner unfit. Extract of report of medical board is reproduced as under: fibropetchy opacities notes in rightupper zone. Right hilum is prominentsuggestive of mild lymphadenopathy. Above Features suggest possibility of pulmonarykoch's. and because of his medical unfitness, he was not allowed to continue any further. Petitioner submitted appeal and requested for review medical board which was allowed by the respondents. In pursuance thereto petitioner appeared before review medical board and on its examination, the review medical board also found the petitioner medically unfit and extract of opinion is reproduced as under: due to Fibrotic stones ore seen in right upper zone-Impression- old healed KOCHS elisa Test FOR TUBERCULOSIS (+ve)

(3.) COUNSEL for petitioner submits that he got himself medically examined by medical officer of government referral Hospital [ann. 5 and Ann. 6], who has found the petitioner medically fit and in such circumstances, atleast he may be sent once again before Medical Board who may examine independently with regard to his medical fitness in regard to post for which he was finally selected.