The main legal point established in the judgment is that medical fitness is not the sole criterion for appointment, and the overall performance in the preliminary and main examinations is equally crucial for selection.

JUDGMENT :

1. The instant petition has been filed in terms of the order/observation made by Hon'ble Apex Court dated 11.07.2022 in S.L.P. No.9467-9472 of 2022 whereby and whereunder the Hon'ble Apex Court has been pleased to make following observations, for ready reference the same is being referred hereunder as :-

“We have heard learned senior counsel for the petitioner at a considerable length and perused the relevant record with his able assistance.

We, however, do not find any ground to interfere with the impugned orders dated 13.12.2021, passed by the High Court of Jharkhand at Ranchi in the present petition and/or the Interlocutory Order dated 11.08.2017 passed by the Single Judge of the High Court.

However, at this stage, Mr. Sanjay Parikh, learned counsel for the petitioners, points out that services of some of the candidates, who were found medically fit by the Appellate/ Apex Medical Board have also been dispensed with. We find that no such argument was raised before the High Court. Be that as it may, we grant liberty to such candidates to, firstly, approach the Division Bench of the High Court for recall/review of the Orders terminating their services, and if they don’t succeed in getting the desired relief, they shall be at liberty to approach this Court. Their claim shall be considered independently without being influenced by the impugned order(s).

With these observations, the Special Leave Petition is dismissed.

Pending application(s), if any, shall stand disposed of.”

2. Ms. Aanya, learned counsel appearing for the petitioner, has submitted by making reference of the statement made by the Jharkhand Staff Selection Commission as under paragraph-16 of the counter affidavit wherein the writ petitioner although has been declared to be medically fit but even then he has not been appointed.

3. Learned counsel appearing for the petitioner has further submitted that even accepting the order passed by the learned Single Judge, affirmed by Coordinate Division Bench of this Court in L.P.A. No.318 of 2020 since the appellant has been declared to be medically fit then the writ petitioner ought to have been appointed on the ground that he has been declared to be medically fit since, that was the spirit of the order passed by the learned Single Judge.

4. While on the other hand, Mr. Sanjoy Piprawall, learned counsel appearing for the Jharkhand Staff Selection Commission, which has been impleaded as party by this Court vide order dated 06.10.2023, has made submission in opposition to the submission made on behalf of the petitioner by making reference of paragraph-18 of the said counter affidavit and has submitted that after recasting of the merit list in pursuance to the order passed by the learned Single Judge dated 11.08.2017 based upon which the State has also taken decision, in which at the time of recasting of the merit list, the petitioner has been found to have secured 185 marks under EBC-I category whereas under the aforesaid category, the last selected candidate has secured 188 marks. As such, the petitioner was not recommended for appointment in re-casted merit list although he was found medically fit by the Apex Medical Board.

5. Mr. Piprawall, learned counsel for the Commission, therefore, has submitted that the criteria of selection was not only the fitness in the medical examination, rather, the medical fitness is one of the conditions and thereafter the assessment of one or the other candidates for the purpose of preparation of merit list is based upon the performance of one of the other candidates in the preliminary and main examination. The petitioner although has been found to be medically fit by the Apex Medical Board but in pursuance to the order passed by the learned writ court, affirmed by the Division Bench in Letters Patent Appeal being L.P.A. No.318 of 2020, the recasting of the merit list was undertaken and at the time of preparation of the fresh merit list on recasting of the candidates who have been d