- 1 -

IN THE HIGH COURT OF JHARKHAND AT RANCHI

L.P.A. No.36 of 2021

----

Ram Singh Bodra, aged about 33 years, Son of Surja Bodra,

Resident of Village-Solpara, P.O.-Tant Nagar, P.S. Manjhari,

District-Singhbhum West, Jharkhand.

.

…

… Appellant

Versus

1.The State of Jharkhand

2.The Inspector General of Rail Police, Jamshedpur, P.O.,

P.S.-Jamshedpur, District-East Singhbhum at Jamshedpur.

3.The Superintendent of Police, Rail Jamshedpur, P.O and

P.S.

–

Jamshedpur,

District

–

East

Singhbhum

at

Jamshedpur.

…

… Respondents/Opp. Parties.

-------

CORAM : HON’BLE THE CHIEF JUSTICE

HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD

------

For the Appellant

: Mr. Anjani Kumar, Advocate

For the Resp. State : Mr. Piyush Chitresh, A.C to A.G.

--------

ORAL JUDGMENT

Order No. 8 : Dated 24^th March, 2022

The

instant

appeal

is

directed

against

the

order/judgment dated 20.10.2020 passed by Learned Single

Judge of this Court in W.P. (S) No. 6718 of 2019 by which the

writ petition was dismissed declining to pass any positive

direction upon the respondents to consider the claim of the

petitioner afresh for his re-appointment as Constable.

2.

The brief facts of the case, as per pleadings made in the

writ petition, which require to be enumerated reads as

hereunder:

In pursuance to the advertisement by Jharkhand Staff

Selection

Commission,

being

Jharkhand

Constable

- 2 -

Competitive Examination, 2015, for appointment on the post

of Constable, the petitioner participated in the selection

process and was joined on 10.06.2017 under Jharkhand Rail

Police.

In

the

meanwhile,

the

unsuccessful

candidates

approached this Court by filing writ petition being W.P. (S)

No. 3239 of 2017 [Mithun Kumar & Ors Vs. The State of

Jharkhand & Ors], wherein vide order dated 11.08.2017,

the learned Single Judge observed to constitute an Apex

Medical Board to re-examine all the candidates/appointees.

For

ready

reference,

order

dated

11.08.2017

is

reproduced hereunder:

“Heard Mr. Shresth Gautam, learned counsel

appearing on behalf of the petitioners, learned Advocate

General, appearing on behalf of the State and Mr. Sanjay

Piprawal, learned counsel appearing on behalf of

Jharkhand Staff Selection Commission.

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 claim 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

the

main

examination. The petitioners thereafter, were sent for

medical test and they were declared successful but their

appointments were not made. The petitioner could come

to know that they were found physically fit but were

declared

medically

unfit

by

the

Medical

Board,

constituted as per the Rules, as such, their names were

not recommended for appointment.

- 3 -

It is the case of the petitioners that they could

come to know that on the ground of knock-knee or flat

feet etc., they were disqualified. The counsel for the

petitioners submits and pleads that the petitioners were

forced to sign on blank sheets, which were converted into

their acknowledgment of the Medical Board. The

petitioners then got themselves suo motu medically

examined by Civil Surgeon, Sadar Hospital, Ranchi. It

was found that the petitioners do not suffer from the

aforesaid infirmity and on this ground, the petitioners

have moved this Court.

Counter affidavit was filed by the State and also by

the Jharkhand Staff Selection Commission.

The medical board was constituted as per Rules

for the medical examination of the petitioners. The report

of the Medical Board w