LAWS(JHAR)-2016-6-112

HARIKESH KUMAR Vs. THE UNION OF INDIA THROUGH THE INSPECTOR GENERAL, CENTRAL INDUSTRIAL SECURITY FORCE, CISF OFFICE COMPLEX, EASTERN SECTOR HEADQUARTERS, NEW PATLIPUTRA COLONY, PATNA

Decided On June 27, 2016
Harikesh Kumar Appellant
V/S
The Union Of India Through The Inspector General, Central Industrial Security Force, Cisf Office Complex, Eastern Sector Headquarters, New Patliputra Colony, Patna Respondents

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the Respondents Union of India.

(2.) The petitioner is aggrieved by the fact that he had under gone the recruitment process for the post of Constable Driver in Central Industrial Security Force (CISF). The selection process was under taken at Ranchi, in which, the petitioner was selected and he was ultimately sent for examination for medical fitness. The petitioner was found unfit for the post of Constable Driver during medical examination, due to partial amputation of terminal phalanx of his right middle finger. The candidates' copy of the medical fitness certificate issued by the Medical Officer of CISF has been brought on record as Annexure-3 to the writ application. As the said order is appealable, the petitioner preferred an Appeal before the CISF Headquarters, Patna, along with the Medical Certificate of a Ortho Surgeon, in which, it is stated that he has good grip and can perform all the functions of the hand, and that the partial amputation of terminal phalanx of right middle finger shall not interfere with the work of the petitioner as Constable Driver. The review was also done by the Medical Board and the Review Medical Board also found the petitioner medically unfit due to said partial amputation of terminal phalanx of right middle finger, which has been brought on record as Annexure-6 to the writ application.

(3.) The advertisement issued for the post of Constable Driver published by the CISF has been brought on record as Annexure 1/1 of the writ application, in which the required Medical Standard of the candidates is also mentioned. According to this advertisement, the candidates must not have knock-knees, flat foot, varicose vein or squint in eyes and any other obvious deformities. They must be in good mental and bodily health and free from any physical defect likely to interfere with the efficient performance of the duties.