ORAL JUDGMENT

Date : 08-01-2025 This petition has been preferred by the petitioner seeking following reliefs:-

That this writ petition is being filed for seeking order(s) / direction(s) from this Hon’ble Court to the respondents for recruitment/selection/appointment of the petitioner on post of constable in CAPFs as the petitioner has been declared qualified in written examination, but in the medical examination of GD Exam-2024, she has been declared unfit on the ground of presence of vitiligo patches on body, whereas the petitioner had been examined at PMCH, Patna on 14.11.2024 and the Medical Certificate clearly suggests that there is no vitiligo patches on body as such she is entitled to be recruited in the CAPFs on the post of constable considering the medical examination report issued by the PMCH, Patna.

2. It is submitted by the learned counsel for the petitioner that the Staff Selection Commission (SCC) initiated process of recruitment of constable GD in BSF, CISF, ITBP, CRPF, NCB, SSF and Assam Rifles Recruitment-2023 and issued notification for total vacancy of 26146 posts. The petitioner also applied for the GD post under the Female EWS Category. She qualified the written examination and eligible for PET/PST Exam conducted by the SSC. Subsequently, she was called for Physical Eligibility Test/Physical Standard Test on 29.10.2024. She appeared for the medical test on 30.10.2024 where she was declared unfit in DME Test by the respondent’s Medical Officer. The Review Medical Examination was also held on 05.11.2024 and again she was declared unfit. Subsequently, the petitioner approached the Patna Medical College Hospital, Patna where she was examined by the concerned doctor and she was found fit and certificate has been issued in her favour vide Annexure-P/10. Therefore, it is prayed by the counsel that considering the report given by the concerned doctor of Patna Medical College Hospital, Patna (Annexure-P/10), the respondents may be directed to consider the claim of the petitioner.

3. Learned counsel for the respondents submits that as per the relevant rules, the medical test has already been done by the respondents Medical Officer and Review Medical Examination has also been done. In both the examinations, the petitioner has been declared unfit. The certificate issued by the Patna Medical College Hospital, Patna is not acceptable. Therefore, it is prayed by the counsel that this petition may be dismissed having no merit.

4. Having heard learned counsel for both the parties and perusal of the documents annexed with the petition, it would be appropriate to dispose of the petition giving liberty to the petitioner to firstly make an application/representation before the concerned respondent raising her claim on the basis of the subsequent Medical Certificate i.e. Annexure-P/10.

5. Accordingly, the writ petition is disposed of.

The petitioner is directed to firstly make a representation/application before the concerned respondent raising all grounds which she raised in this writ petition and the concerned respondent is also directed to consider and decide the claim of the petitioner in accordance with relevant rules and law and take a decision in the matter as early as possible preferably within 60 days from today.

(Arvind Singh Chandel , J)

shailendra/-

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