SHIVAM SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) Pursuant to an Advertisement Notification issued by the respondents, the petitioner was selected for the post of Constable General Duty (CT/GD) in CRPF and was offered appointment vide order dtd. 21/5/2014. The appointment offered to the petitioner was, however, subject to medical fitness and satisfying other terms and conditions. The petitioner reported on duty pursuant to an offer of appointment issued to him. While conducting the verification of his testimonials/dossier, the respondents noticed that the last medical examination of the petitioner was conducted on 22/10/2011, the validity whereof had expired. He was, thus, again examined on 8/8/2014 and declared temporary unfit due to Anemia for a period of six weeks. After the expiry of six weeks, the respondents constituted a Medical Board and reexamined the petitioner on 18/11/2014. The petitioner was again declared medically unfit on account of Anemia and Nephrotic Syndrome. It is on the basis of this medical report, the appointment of the petitioner was cancelled vide order dtd. 25/11/2014 which is impugned in this petition.

(2.) It is the contention of the petitioner that vide communication dtd. 6/7/2011, he was informed that he had been declared provisionally qualified for the Medical Examination Test (MET) on basis of his performance in the said examination. The petitioner was informed to report at the Frontier Headquarters BSF, Paloura Jammu on 8/8/2011 at 7:00 am for Medical Examination Test. During the said Medical Examination Test, the petitioner was declared unfit for three reasons given in the medical examination result of the petitioner. He was, however, given an option to file an appeal against the findings of the medical examination by submitting an application in the prescribed form supported by a medical certificate from the medical practitioners. The petitioner exercised that option and filed an appeal after getting himself medically examined from Dr. Sanjay Raina, Surgeon and Dr. R.K.Gupta, Physician. The appeal was accepted and the Review Medical Examination of the petitioner was conducted by a Board of Doctors of CRPF. On examination by the said Medical Board, the petitioner was declared fit to join his duties in terms of communication of the Review Medical Board dtd. 22/10/2011. Pursuant to the decision of the Medical Board, the petitioner was given offer of appointment on 21/5/2014.

(3.) It is argued by learned Senior Counsel, appearing for the petitioner that though the petitioner was declared fit by the Review Medical Board, yet he was again subjected to medical examination and was declared temporary unfit for a period of six weeks and thereafter, upon further examination, he was declared medically unfit and consequently, his appointment was cancelled. It is submitted that after the CRPF Authorities declared him medically unfit finally on 17/11/2014, the petitioner underwent treatment in the Post Graduate Institute of Medical Education and Research (PGI), Chandigarh where, after short duration medical treatment, he was declared fit to resume his duties in CRPF w.e.f 2/2/2015. Learned Senior Counsel submits that the petitioner approached the Authorities concerned with a certificate of fitness issued by the reputed medical institute, but the respondents refused to allow him to join his duties on the ground that his appointment had already been cancelled and, therefore, he could not be permitted to join, that too, on the basis of a certificate issued by the Civil Authorities/Doctors.