IN THE HIGH COURT OF JHARKHAND AT RANCHI

W.P.(S) No. 3336 of 2020

Sushil Kumar Yadav, aged about 26 years, son of Sri Bhairav Yadav,

Resident of Kitadih Gwala Patti, Jamshedpur, P.O. – Kitadih, P.S. –

Bagbera, District – East Singhbhum, Jharkhand

…

…

Petitioner

Versus

1. The Union of India

2. The Secretary, Ministry of Home Affairs, North Block, Central

Secretariat, New Delhi, Delhi – 110001, P.O. – New Delhi

(G.P.O.), P.S. – Sansad Marg, Police Station, District – Central

Delhi, State – Delhi

3. The Directorate General (CRPF) Recruitment Branch East Block –

07, Level – 4, Sector – 01, R.K. Puram, New Delhi – 110060, P.O.

– R.K. Puram, P.S. – R.K. Puram, District –South West Delhi,

State – Delhi

4. The Directorate General, C.R.P.F., Block No.1, CGO Complex,

Lodhi Road New Delhi, P.O. – Lodhi Road Head Post Office, P.S.

– Lodhi Colony, District – South Delhi, State - Delhi.

5. The Regional Director (E.R) Staff Selection, Commission 1^st MSO

Building, (8^th Floor), 234/4, Acharya Jagadish Chandra Bose Road,

Kolkata, West Bengal – 700020

6. The D.I.G (Recruitment), CRPF, Ranchi, Group Centre CRPF,

Sembo (Dhurwa), P.O. & P.S. – Dhurwa, District – Ranchi,

Jharkhand – 834004

7. The Medical Examination Board, Group Centre, CRPF, Sembo

(Dhurwa), P.O. & P.S. – Dhurwa, District – Ranchi, Jharkhand -

834004

…

… Respondents

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CORAM: HON’BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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For the Petitioner

: Mr. Mahesh Kumar Sinha, Advocate

For the Resp. UOI

: Mr. Prashant Vidyarthy, Advocate

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07/06.07.2022

Heard Mr. Mahesh Kumar Sinha, learned counsel appearing on

behalf of the petitioner.

2.

Heard Mr. Prashant Vidyarthy, learned counsel appearing on

behalf of the respondents.

3.

This writ petition has been filed for the following reliefs:

<i) For quashing the decision under Form No.4 of Constable

(GD) Exam – 2018 Review Medical Examination Report dated

03/10/2020 (Annexure – 10 of the writ application), whereby and

whereunder the respondent no.7 / Medical Examination Board

erroneously declared the petitioner unfit on account of Knock Knee,

although as per the Medical Fitness Certificate dated 01/02/2020 in

Form No.3 (Annexure – 8) issued by a Prof. & Head Deptt. of

Orthopedics, M.G.M. Medical College, Hospital, Jamshedpur and

Form No.3 of the Constable (GD) Exam – 2018 Medical Fitness

Certificate dated 05/10/2020 (Annexure – 11 & 11/1) issued by the

2

Prof. & Head Dept. of Orthopedics, M.G.M. Medical College,

Hospital, Jamshedpur, Jharkhand the knock of knee is normal, he has

got no knock knee and according to medical rule the knock of knee is

normal, he has got no knock knee. So the petitioner has no knock knee.

ii) An alternative direction may be issued to the respondents to

constitute an independent Medical Board under the Chairmanship of

Director, R.I.M.S, Ranchi and the Doctors of RIMS, Ranchi as

Members to examine the knee of the petitioner.

iii) For a direction upon the respondents and directing them to

constitute an independent Medical Board under the Chairmanship of

Director, R.I.M.S., Ranchi and the Doctors of RIMS, Ranchi as

Members to examine the knee of the petitioner and if the Medical

Board of RIMS finds the petitioner fit for appointment, the Hon'ble

Court may be pleased to direct the respondents authorities to

complete the process of appointment of the petitioner as soon as

possible, so that the grave in justice can be redresses to the

petitioner.=

4.

Learned counsel for the petitioner submits that the petitioner

had applied for appointment to the post of constable in Central Armed

Police Forces, NIA and SSF and Riflemen (GD) in Assam Rifles (AR)

pursuant to advertisement dated 21.07.2018 and ultimately the

petitioner was examined by the Medical officer and his candidature

was rejected by finding him unfit due to 8knock knee9 and in the said