IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAY KUMAR DWIVEDI, J.
Santosh Kumar – Petitioner
Versus
The State of Jharkhand and Others – Respondents
W.P. (S) Nos. 4351, 4489, 4609, 5001, 6359 of 2018, 1905 of 2019
Decided On : 05-08-2020
Service Law – Dismissal – Court is not an expert of medical examination which is in domain of medical board – Once a person participated in proceeding, they are not allowed to challenge the same – Petitioners participated in fresh process in terms of order of Court – If they were aggrieved by decision to hold a fresh medical examination they were bound to explore the remedy in law instead they participated in fresh process of selection and upon being unsuccessful and dismissal they challenged in these writ petitions – Writ petitions dismissed. (Paras 16, 19, 22 and 23)
JUDGMENT :
SANJAY KUMAR DWIVEDI, J.
1. All these writ petitions, along with W.P. (S) No. 3239 of 2017 have been heard together.
2. These writ petitions have been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVIC-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent these matters had been heard on merits.
3. Since all these matters, except in W.P. (S) No. 3239 of 2017, the challenge is of dismissal from service by the petitioners that is why the Court thought it proper to pass separate order in all these writ petitions.
4. The facts of all these writ petitions, except W.P. (S) No. 3239 of 2017, are almost the same and that is why W.P. (S) No. 4489 of 2018 is being taken as a lead case.
5. The petitioners have preferred these writ petitions for quashing the order dated 03.07.2018, 27.07.2018 and 01.08.2018.
6. Pursuant to Advertisement No. 4 of 2015 issued by the Jharkhand Staff Selection Commission [JSSC] for appointment on the post of constable, Jharkhand Armed Police, the petitioners applied and they have been issued Admit Card. The petitioners were declared successful in the preliminary test examination, main examination and the result was also published in which the petitioners were declared successful. The petitioners appeared for verification of the documents. The roll numbers of the petitioners were disclosed in paragraph no. 12 of the writ petition. After verification of the documents, the final merit list was prepared and the roll number of the petitioners mentioned in the final merit list. The petitioner nos. 1 to 5 have been medically examined by the Civil Surgeon and they have been declared as medically fit for appointment. The petitioner no. 5 was also examined on 07.01.2015 and declared medically fit for appointment. The appointment letter issued in favour of the petitioners by order dated 30.03.2017, 28.04.2017 and 23.05.2017 respectively. The petitioners were declared medically fit by the Civil Surgeon. Thereafter, the petitioners were sent for the training. The petitioners have been dismissed from service by order dated 03.07.2018, 27.07.2018 and 01.08.2018.
7. Aggrieved with this, the petitioners have moved before this Court in these writ petitions challenging the dismissal order with a prayer therein to reinstate the petitioners.
8. Mr. Anil Kumar Sinha, the learned Senior counsel appearing for the petitioners has submitted that the petitioners were twice examined by the medical board and thereafter the petitioners were appointed. He submitted that the petitioners were sent for the training and they have passed their hard training of 169 days. He further submitted that in absence of any departmental proceeding and any show cause the petitioners have been dismissed from service. He further submitted that in view of Annexure “A” series of the counter affidavit filed on behalf of the respondent no. 6, the petitioners were said to be not medically fit. He submitted that these are the documents of certificate of medical fitness issued by the apex medical board constituted in terms of the order of this Court dated 11.08.2017passed in W.P. (S) No. 3239 of 2017 for the sake of convenience, the said order is quoted herein-below:
In this writ petition, the petitioners have prayed for a direction upon the respondents to declare the 36 writ petitioners as medically fit and to be considered for appointment to the post of Constable in Jharkhand Armed Police (JAP).
The petitioners claims that they have passed the preliminary test as well as the main examination and their respective roll numbers have been reflected in the merit list, which was prepared after t
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