RAJESH TANDON,J. - (1.) HEARD Sri N.S. Negi learned Counsel for the petitioner and Sri Prakash Bisht learned Standing Counsel (Central) for the respondents.
(2.) BY the present writ petition the petitioner has prayed for the issue of a writ in the nature of certiorari quashing the order dated 28.1.2003. Briefly stated the facts giving rise to the present writ petition are that the petitioner appeared before the Selection Committee on 21.9.2002 and necessary certificates were submitted before the Selection Committee. The physical test of the petitioner was conducted on 22.9.2002 and the petitioner qualified the physical test. Thereafter the petitioner appeared in the written test on 27.9.2002. The Medical Authorities at Pithoragarh conducted the medical test of the petitioner and the petitioner was found fit for training in Assam Rifle. On 14.11.2002, the respondent No. 2 Assam Rifle, Dimapur issued appointment letter to the petitioner. In compliance of appointment letter the petitioner submitted his joining on 8.12.2002 before respondent No. 3 Commandant Assam Rifle Training Centre and School, Dimapur. On 13.12.2002, respondent No. 3 asked the petitioner to appear for the medical test in Assam Rifles' Hospital, Dimapur. The doctor concerned could not ascertain any disease but he was in doubt that the petitioner was suffering from Tachycalpdia with cardiac murmur. The petitioner was directed to carry out treatment of the aforesaid deceased from a hospital at his own expenses and for this 42 days time was granted to the petitioner.
(3.) THE petitioner has submitted that he is not suffering from any disease as he was found fit earlier on medical examination. However on 17.12.2002, the petitioner took advise of the cardiologist of Medical College, Agra who found no such disease. The Cardiologist referred the petitioner to All India Institute of Medical Sciences, New Delhi for necessary medical tests. On 7.1.2003 the petitioner registered himself in All India Institute of Medical Science, New Delhi and after conducting medical tests the doctors issued certificate to the effect that no evidence has been shown of structural heart desease in the body of the petitioner. The petitioner has stated that he has submitted certificate and all other papers issued by AIIMS, New Delhi to respondent No. 3 on 16.1.2003. On 18.1.2003, the petitioner was asked to appear before the doctor in Army Hospital, Ranga Para, Assam. The petitioner appeared before the doctor and thereafter he continuously attended his duty.;