Procedural compliance is essential in appeals concerning fitness for employment; incomplete submissions may lead to rejection.

JUDGMENT

Navin Chawla, J. (Oral)--This petition has been filed by the petitioner challenging the communication dated 04.11.2019 by which the petitioner was informed that the Senior Divisional Medical Officer (G&O), Eastern Railway, Asansol vide Medical Certificate No. 777600 dated 19.09.2019 has declared the petitioner as unfit for recruitment as a Constable (Executive) in the Railway Protection Force (hereinafter referred to as `RPF') in BEE ONE(B-1) medical category due to `EGL 13mm defective'.

2. The petitioner further challenges the communication dated 10.01.2020 by which the request of the petitioner for medical re- examination was not considered for the reason that the photograph of the candidate had not been attested by the doctor concerned on the medical certificate.

3. The petitioner also challenges the communication dated 08.05.2020 by which the Principal Medical Chief Director, Eastern Railway/Kolkata had rejected the appeal for medical re-examination.

4. The learned counsel for the petitioner submits that the petitioner had applied for the post of Constable (Group C Post) in the RPF. He was issued a letter dated 27.08.2019 mentioning his provisional selection and was called to present himself for the medical examination to be held on 05.09.2019 at the Office of the Inspector, RPF, Asansol. The petitioner duly presented himself for the medical examination, however, was declared unfit under BEE ONE (B-1) medical category due to `EGL 13mm defective'. The impugned communication dated 04.11.2019 itself advised the petitioner of the procedure to file an appeal for medical re-examination. The petitioner duly applied for the same, however, on a technical ground of the photograph of the petitioner not being attested by the concerned doctor, the request was rejected by the respondent vide impugned communication dated 10.01.2020. The petitioner has thereafter undergone a medical test at IRMM at the Jaipur Calgary Eye Hospital and Research Centre Trust as well as the Raj Bahadur Memorial Rajkiye Chikitsalaya, who had declared him to be medically fit. The petitioner again applied for an Appeal Medical Board with the respondent, however, the said request has been rejected by the respondents vide impugned order dated 08.05.2020 without giving any reasons for the same. The learned counsel for the petitioner submits that as the petitioner has been denied an opportunity of an examination by the Appeal Medical Board without giving any reasons, the present petition deserves to be allowed.

5. We have considered the submissions made by the learned counsel for the petitioner, however, find no merit in the same. The impugned communication dated 04.11.2019 informed the petitioner that he has been found unfit by a committee consisting of three Railway Doctors. The impugned communication further advised the petitioner that he may submit an appeal challenging this finding within one month of the date of the issue of the letter alongwith a medical certificate in the prescribed performa from a specialist doctor. The impugned communication further informed the petitioner that the communication itself shall have to be produced before the Government/private specialist doctor as the same bears the photograph and identification marks of the candidate for verification by the specialist doctor at the time of medical examination. The impugned communication is reproduced herein below:-

"Office of the Principal Chief Security Commissioner/RPF Eastern Railways, 14 Stan Road (3rd Floor) Kolkata - 700 001

S. No. SC.30/65/5-

E/Const.Rectt/2019

Kolkata the 4th November, 2019

To,

Name: Devendra Singh

Father's Name: Vijay Si