Point of Law: Medical fitness – Declaration as unfit – Justified – No grievance at the time of applying for the vacancy of AC/GD that the medical standards prescribed were improper

JUDGMENT :

ASHA MENON, J:

1. This petition has been filed with the following prayers: -

“(a) Issue an appropriate writ, order(s) or directions(s) in the nature of:-

(i) Certiorari by quashing/setting aside the impugned letter dated 19.11.2020 and the decision dated 10.12.2020 (copy of the decision not supplied to the petitioner) passed by the RMB against the petitioner in the Review Medical Examination, held on 10.12.2020 wherein the petitioner was declared medically unfit.

(ii) Mandamus directing the respondents to consider the case of the petitioner by treating him medically fit in medical category SHAPE-1, in terms of the Medical Fitness Certificate issued by the Registered Medical Practitioner in the relevant field, who was fully qualified, and competent to assess the Medical Fitness of the petitioner, after having given him the appropriate treatment, as also in the opinion of the expert on the outcome of the colour Doppler Test held at Delhi as well as Jhunjhunu (Rajasthan) and in pursuance thereof, direct the respondents to issue him the letter of appointment to the post of AC/GD, in accordance with his position in the merit list drawn on conclusion of the LDCE-2017/18, with all consequential benefits accruing to the petitioner there from, or in the alternative direct the conduct of the medical examination of the petitioner by constituting an Independent Medical Board under the aegis of either AIIMS or under the Commandant Army Hospital (R&R).

(iii) Order or direct the respondents to keep one vacancy in the post of AC/GD reserved for the petitioner, for appointment 1n one of the unreserved Vacancies in the CRPF, under the scheme for appointment through LDCE-2017/18, pending finalization of the above noted writ petition.

(b) Direct the respondents to pay appropriate compensation/damages towards the sufferings and mental agony, under-gone by the petitioner on account of the unjustifiable acts on the part of the respondents, for depriving the petitioner of his rights for appointment to the post of AC/GD through LDCE.

(c) Direct the respondents to pay costs of this petition to the petitioner for compelling him to approach this Hon'ble Court for indulgence to seek justice.

(d) Pass such other and further order(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in favour of the petitioner, to meet the ends of justice.”

2. The brief facts as are relevant for the disposal of the present case are as follows. The petitioner was selected for the direct appointment to the post of SI/GD through CPOs Examination-2011 on 27th July, 2012 and was allocated to the Central Reserve Police Force (CRPF). After successfully undergoing basic training, the petitioner was posted to the 225th Bn. of CRPF and continued to perform his duties well wherever deployed for its operational tasks till July, 2017. In July, 2017, he was posted to the Recruit Training Centre (RTC), CRPF, Latur (Maharashtra) where he performed his duties as Training Instructor till March, 2019, when he was posted to the CTC Neemuch (MP), where he is presently serving.

3. On 28th June, 2019, an advertisement was issued by the respondents inviting applications to fill 135 vacancies i.e. 87 vacancies in the BSF; 27 in the CRPF and 21 in the SSB, from serving officers of the rank of SI/GD, Inspector/GD and Subedar Major/GD for selection to the post of Assistant Commandant (AC)/GD in the said Central Armed Police Forces (CAPFs), through Limited Departmental Competitive Examination (LDCE) 2017-18 as per their respective RRs. The petitioner responded to this advertisement by submitting his application and was shortlisted for the Written Test on 2nd February, 2020. The petitioner qualified the Written Test and also underwent the Physical Standard Test (PST) and Physical Efficiency Test (PET) on 8th February, 2020 at 39 Bn., ITBP Lakhnawali Camp, Greater Noida (U.P.), which too he cleared. He then appeared in the Interview and Personality Test, which was