HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil Writ Petition No. 1789/2021

Gajanand Meena S/o Prahlad Meena, Aged About 25 Years,

Resident Of Village Nangal Bohra, Dhani Bagrawala, Post Office -

Nangal Bersi, Tehsil Bassi District Jaipur, Rajasthan - 303303

----Petitioner

Versus

1.

The Union Of India, Through Directorate General, Border

Security Force, Communication And IT Directorate

(Comn- Recruitment Section) 1St Floor, 4Th Block, CGO

Complex, Lodhi Road, New Delhi-110003

2.

69 BN BSF, Through The Commandant, Jaipur-Delhi

Higway, P.O. Choup, District - Jaipur - 303805

3.

FTR HQ BSF, Through The Inspector General, Mandore

Road, Jodhpur, Rajasthan 342026

----Respondents

For Petitioner(s)

:

Mr. Ayush Gupta

For Respondent(s)

:

Mr. Rajendra Prasad Sharma

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

17/11/2021

Although, the matter comes up on second stay application,

with the consent of learned counsel for the respective parties, the

writ petition was heard finally on its merits.

The petitioner, in pursuance of advertisement issued by the

respondent No.1 on 15.04.2019, applied for the post of Head

Constable (Radio Mechanic). The petitioner remained successful in

the written test, PST/PET/documentation as also in the descriptive

test conducted by the respondent but, his candidature was

rejected in his final medical examination as he was found to be

(2 of 4)

[CW-1789/2021]

suffering from knock-knee and limb length discrepancy and was

declared unfit. This rejection has been assailed by the petitioner in

the writ petition.

This Court, vide its order dated 11.02.2021, directed the

petitioner to appear before the Medical Board, SMS Medical

College and Hospital, Jaipur for reassessment of his fitness. As per

the report dated 22.02.2021 furnished by Medical Board, SMS

Medical College and Hospital, Jaipur, the petitioner was found

medically fit as he was not found suffering from either knock-knee

or limb length discrepancy.

Thereafter, this Court vide its order dated 28.10.2021, on the

request of learned counsel for the respondents, directed the

petitioner to appear before the Commandant, Military Hospital,

Jaipur for his medical examination by a Medical Board comprising

of experts in the concerned field. In pursuance of the direction of

this Court, the Commandant, Military Hospital, Jaipur has remitted

a report dated 09.11.2021 of the Medical Board. As per the report,

the petitioner was not found suffering from lower limb disability of

any nature and has been found medically fit.

In view of the Medical Board’s report dated 09.11.2021 as

also the Medical Board’s report dated 22.02.2021 furnished by

Medical Board, SMS Medical College and Hospital, Jaipur, this

Court is satisfied that the rejection of candidature of the petitioner,

who has cleared rest all phases of the recruitment process for

appointment on the post of Head Constable (Radio Mechanic), on

account of him suffering from defect in lower limb, is not tenable.

Even otherwise also, a perusal of the memorandum dated

16.09.2020 issued by the respondents declaring the petitioner

medically unfit shows him to be suffering from knock-knee only.

(3 of 4)

[CW-1789/2021]

In the appeal preferred by him thereagainst, he was subjected by

the respondents to review medical examination and as per the

report dated 11.01.2021, he was found unfit on account of leg

length discrepancy. There was no reference that the petitioner was

suffering from knock-knee also. Thus, there was discrepancy even

in between the Medical Board report dated 16.09.2020 and the

review Medical Board report dated 11.01.2021.

In view of the submission of the learned counsel for the

respondents that the findings recorded in the letter dated

17.07.2021 issued by Dr. Jaywant K. CMO (SG) PO the then

Medical Board CH BSF, Jodhpur to the effect that the petitioner

was found