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2017 Supreme(Ori) 734

IN THE HIGH COURT OF ORISSA, CUTTACK
B.R. SARANGI, J.
Suchitra Sethi - Petitioner
Versus
Union of India & others - Opposite Parties
W.P. (C) No. 16120 of 2016
Decided On : 17-08-2017

Advocates:
Advocate Appeared:
For the Petitioner: M/s. U.C. Mohanty, T. Sahoo, B.K. Swain, P.B. Mohapatra
For the Opposite Parties : Ms. S.B. Das

Headnote:1. APPOINTMENT - Post of Constable (GD) - Petitioner being successful in the PET/PST, as well as in the written examination, the petitioner was called for departmental medical examination - She was declared medically unfit due to (1) extensive tinea versicolor and (2) under developed breasts (Tanner - Stage III) - Writ - Recruitment notice was issued on 24.1.2015, but a revised Uniform Guidelines for Medical Examination test was issued on 20.5.2015 - Under Clause 6 of the Uniform Guidelines 'General Grounds of rejection' has been prescribed - Cause of rejection declaring the petitioner unfit has not been contemplated in any of the sub-clauses of Clause 6 - Entire action of the authority is thus contrary to the provisions of law - Direction issued.

        2. SELECTION - Once selection process has started, the norms fixed in the advertisement could not have been changed and if they were liable to be changed then the same should have been published in the like manner in which initial advertisement was published - Non-publication of the changed norms after starting of the selection process violates Art. 16 of the Constitution. (Para - 13)

       

JUDGMENT :

B.R. Sarangi, J.

The Staff Selection Commission, Government of India released a notification on 24.01.2015 to fill up 62390 GD Constable vacancies (both male and female) in different categories, i.e., SC, ST, OBC and Un-Reserved in Indian Armed Forces like BSF, CISF, CRPF/CAPF, SSB, ITBP, Assam Rifles, NIA, SSF. As per the notification, the intending candidates, having minimum qualification of 10th class or its equivalent from the recognized Board with age limit from 18 to 23 years, were to submit their applications through online from 24.01.2015 to 23.02.2015. The recruitment test was to be done by conducting written examination, medical test and interview. The selected candidates were to get salary of Rs.5200-20200/- with Grade Pay of Rs.2000/-. Pursuant to such advertisement, the petitioner, being an SC category candidate with sub-caste “Dhoba”, submitted her application through online. After entertaining her application, she was allotted Roll No.14604022686 with examination centre at ER-Bhubaneswar (4604) and State Code Odisha-26. As per schedule of recruitment test, the petitioner appeared at the written examination and was qualified. Thereafter, the Physical Efficiency Test (PET) and Physical Standard Test (PST) were held wherein she was qualified by securing marks more than the requirement. So far as chest test is concerned, there was no such requirement prescribed for female candidates as revealed from PET and PST test.

After qualifying such test, the petitioner was directed to appear for medical fitness test on 11.05.2016, wherein she was declared medically unfit on account of Extensive Tinea Versicolor and underdeveloped breasts (Tanner Stage-III). She preferred appeal in prescribed form, i.e., Annexure-IV, which is annexed to the writ petition as Annexure-3, before Deputy Inspector General of Police, Central Reserve Police Force (CRPF), Group Centre, Bhubaneswar. Then the petitioner, having not satisfied with the finding given by the Medical Officer, filed an application in prescribed form, i.e., Annexure-V, which is annexed as Annexure-4 to the writ application, for further medical examination before the Medical Board at City Hospital, Cuttack by a panel of doctors. Pursuant thereto, she was examined on 21.05.2016 by the Medical Board and the Board gave a certificate that Tinea versicolor and underdeveloped breasts is not a case of Turner’s syndrome and pelvic USG uterus and ovaries is normal, the petitioner is having regular menstrual cycles and her breast will develop in due course of time. In view of such report, the petitioner could have been declared as medically fit. Instead of doing so, the petitioner was directed again to appear for review medical test on 07.09.2016 at the CRPF, Group Centre, Bhubaneswar. Accordingly, she appeared and was clinically examined whereupon it was opined that the petitioner had no evidence of Tinea versicolor infection, but she had underdeveloped breast (Tanner Stage-III), for which she was declared unfit. As the petitioner was not issued with appointment letter, she has approached this Court by filing the instant writ application.

2. Mr. U.C. Mohanty, learned counsel for the petitioner strenuously urged before this Court that the petitioner, having qualified in the scheme of examination as prescribed in the notice dated 24.01.2015, i.e., written test, PET and PST tests, should not have been declared unfit on a flimsy ground, which amounts to arbitrary and unreasonable exercise of power by the authority concerned. As such, notice of recruitment clearly indicated that no chest measurement was necessary for the female candidates. It is further contended that the reason for rejection has not been indicated under Clause-6, i.e., General grounds for rejection, of Uniform Guidelines for Medical Examination Test (MET) for Recruitment in CAPFs, NSG & AR. Once this ground is set out in the general grounds for rejection, petitioner having not come under this guideline, non-considera



















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