The subsequent issuance of a fitness certificate did not negate the petitioner's medical unfitness at the time of examination.

Headnote:
Medical Fitness - Petitioner's Challenge to Unfitness Declaration - The court upheld the decision of the Respondents declaring the petitioner medically unfit due to Deviated Nasal Septum right side (DNS right side) despite subsequent surgery and issuance of a fitness certificate.
Fact of the Case:

The petitioner challenged the memorandum of unfitness and review medical examination report declaring him medically unfit due to Deviated Nasal Septum right side (DNS right side). He sought directions to be recruited as head constable (ministerial) based on a subsequent fitness certificate.
Finding of the Court:

The court found that the subsequent fitness certificate did not negate the fact that the petitioner was medically unfit at the time of examination, upholding the decision of the Respondents. The writ petition was dismissed with liberty to apply for the next batch of Head Constable (Ministerial) if eligible.
Issues: Challenge to memorandum of unfitness and review medical examination report, seeking recruitment as head constable (ministerial) based on subsequent fitness certificate.
Ratio Decidendi: The subsequent surgery and issuance of a fitness certificate did not change the fact that the petitioner was medically unfit at the time of examination, leading to the court upholding the decision of the Respondents.
Final Decision: The writ petition was dismissed with liberty to apply for the next batch of Head Constable (Ministerial) if eligible.

JUDGMENT

Manmohan, J. - Present writ petition has been filed challenging the memorandum of unfitness dated 15th November, 2021 and the Review medical examination report dated 17th November, 2021 whereby the Petitioner has been declared medically unfit on account of Deviated Nasal Septum right side (DNS right side). Petitioner also seeks directions to the Respondents to recruit the Petitioner as head constable (ministerial) since he has been declared fit by the Medical Officer, Department of ENT, MA Civil Hospital, Hisar.

2. Learned counsel for the Petitioner states that the Petitioner applied for the post of Head Constable (Ministerial) in the Shashastra Seema Bal [SSB] on 04th September, 2018. He states that as part of the recruitment process, the Petitioner was called for detailed medical examination on 13th November, 2021.

3. He states that in the said medical examination, the Petitioner was given the impugned Memorandum of unfitness dated 15th November, 2021 by the Assistant Commandant (Med), Board -1, on the grounds of DNS right side and Dental Fluorosis and the Petitioner was referred for Review Medical Examination on the said two issues.

4. He states that the Petitioner underwent his Review Medical Examination on 16th/17th November 2021 wherein he was again declared unfit on account of DNS right side.

5. He states that the Petitioner subsequently underwent surgery to get the issue of DNS right side rectified in the Civil Hospital, Hisar, Haryana on 27th November, 2021 and has been issued a certificate of fitness dated 02nd December, 2021.

6. Having heard learned counsel for the Petitioner, this Court is of the view that the certificate of fitness dated 02nd December, 2021 confirms the fact that the Petitioner was medically unfit on 15th and 17th November, 2021 inasmuch as the Petitioner had been subsequently operated for DNS right side on 27th November, 2021. Consequently, on the date the Petitioner was medically examined, he was unfit.

7. In view thereof, there is nothing illegal or irregular with regard to the decision making process of the Respondents, which this Court alone examines in writ jurisdiction. Finding no error in the decision of the Respondents, the present writ petition along with pending application is dismissed with liberty to the Petitioner to apply for the next batch of Head Constable (Ministerial) in SSB, if eligible, in accordance with law.

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