GURVINDER SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) In this writ petition, the petitioner has prayed for direction to the respondents to consider his case for appointment on the post of CT (Lab Assistant) and to provide appointment with all consequential benefits from the date other candidates were appointed in pursuance of the advertisement Annex.-1. Further, it is prayed that order dt. 24.01.2012 (Annex.-P/3) declaring the petitioner medically unlit for the post of CT (Lab Assistant) on the ground of dextrocardio may be quashed and set aside. As per facts of the case, an advertisement was issued by the respondents in the month of July 2011 whereby various posts were advertised including the post of CT (Lab Assistant). The petitioner being eligible for the post submitted his application before the fast date fixed for filling up the application forms. The petitioner in fact applied for the said post under the OBC category. As per terms and conditions of the advertisement, the petitioner was called for physical measurement, physical efficiency test and written test by sending him admit card by the respondents. In the advertisement there was a condition that candidate who will be allowed to appear in the written examination has to pass physical measurement and physical efficiency test and, thereafter, he can be permitted to appear in the written examination. The petitioner after appearing in the physical measurement and physical efficiency test appeared in the written examination conducted on 20.01.2012. The result of the written examination was declared on 24.01.2012, in which, the petitioner was declared successful.

(2.) It is very strange that although the petitioner was declared successful in the written examination, he was declared medically unfit vide order dt 24.01.2012 which is placed on record as Annex.-P/3. The reason for declaring the petitioner medically unfit is due to dextrocardio which means that the petitioner is having his heart in the right side of his body. As per the petitioner, the denial on the aforesaid ground is totally illegal because no such condition was mentioned in the advertisement that the petitioner will be declared unfit if his heart is situated in the right side of the body. The petitioner fulfills all the requisite conditions laid down in the advertisement but he has been denied appointment on illegal ground which is totally unfair on the part of the respondents.

(3.) Learned counsel for the petitioner submits that for a cause which is beyond the control of the petitioner he cannot be declared unfit. The petitioner is healthy and he appeared in the physical measurement and efficiency tests in which he was declared successful. In the physical efficiency test, the petitioner completed one mile race in 6.5 minutes, 11 feet long jump and 3.5 feet high jump; meaning thereby, for all purposes, the petitioner is really fit but only for the reason that his heart is situated in the right side of the body he has been denied-appointment.