AMRENDRA RAM Vs. UNION OF INDIA THROUGH CHAIRMAN-CUM-COMMANDANT, RECRUITMENT BOAD, CISF, NISA, HYDERABAD

JUDGEMENT

(1.) The petitioner by way of filing this petition under Article 226 of the Constitution of India has prayed for issuance of appropriate writ/direction commanding upon the respondents to appoint the petitioner on the post of constable as he fulfills all the requisite criteria and has been declared successful, comes within the zone of consideration and as such he is fit to be appointed. Upon hearing the learned counsel for the parties and on perusal of the papers it appears that the petitioner's appointment came to be cancelled only on the ground of reduction of chest measurement by 1.5/2 c.m. It appears that the petitioner was sent for training after selection and appointment and after appointment he suffered - from fever and loose motion for which he was got treated by the respondents themselves as well as by the private hospital. According to the petitioner, due to sudden illness he lost weight which resulted in reduction of the measurement of the expanded chest. The learned counsel for the petitioner submitted that as such there cannot be review of physical fitness namely height/chest when the petitioner has been selected after following due process of selection whereby he fulfilled requisite criteria laid down for physical test and fitness and accordingly he was declared tit and successful by the Chairman of the Selection Board. However, the petitioner is ready and willing to undergo fresh physical examination/test and therefore he may be permitted to do so.

(2.) The learned counsel appearing for the respondents submitted that at the time of training, during physical examination since the requisite criteria of physical test and fitness were not satisfied the appointment of petitioner was ordered to be cancelled.

(3.) Having regard to the aforesaid submission and on perusal of the material on record it transpires that the petitioner was selected and appointed after due process of selection meaning thereby the requisite criteria for physical fitness have been satisfied at the time of selection and appointment but subsequently on completion of training there was short fall of 1.5 c.m. in the measurement of expanded chest on account of his illness, On perusal of the record it appears that explanation given by the respondents with regard to cancellation of appointment on the basis of report of the physical test conducted after completion of requisite training does not seem to be reasonable when they were fully well (sic) that the petitioner fell sick at the time of training and treated in the hospital of the respondent. Since at the time of selection process the petitioner has already cleared requisite physical test and got himself selected and appointed, the case of the petitioner is required to be considered. The request made by the learned counsel for the petitioner appears to be just and reasonable. The petitioner is required to be permitted to undergo fresh physical examination/test. Under the circumstances, this petition is allowed and the order dated 27.7.2007 is ordered to be quashed/set aside and the respondents are directed to consider the case of the petitioner and make arrangement for fresh physical examination test qua the petitioner within four weeks from the date of receipt/production of a copy of this order. In the event of fulfilling the requisite criteria of physical test by the petitioner, the respondents shall allow him to join the duty.