K.J. Sengupta, J. - (1.) No affidavit-in-opposition has been filed in spite of direction being given by the Court on 18th March, 2002. Therefore, the application is heard on the basis of the writ petition assuming the allegation made in the petition are true and correct. The case of the petitioner is shortly stated as follows:
(2.) Petitioner applied for a post of mechanical transport driver in the Indian Air Force. He took selection test and medical examination on 24th August, 2000 and 25th August, 2000. He succeeded in both the tests as above. On 15th May, 2001 Air Force authority issued appointment letter. Previously petitioner was declared medically fit at the time of test but that certificate was valid for six months from the date of issuance. After expiry of six months and after issuance of call letter for appointment second medical test was held and this time he was found medically unfit on 18th June, 2001 on account of CVS Review, Obesity. Against the above decision the petitioner availed of the opportunity of preferring appeal to the appropriate medical officer on 25th June, 2001. The appellate authority instead of taking step in the appeal further examination on or about 12th July, 2001 communicated to the petitioner that appeal could not be disposed of, as on 13th July, 2001 he became over aged even if he is found medically fit. Several representations were made for disposal of the appeal on medical test. Notwithstanding as above nothing was done.
(3.) Against inaction petitioner filed a writ petition in this Court and the same was marked as W.P. No. 1411(w) of 2001. The said writ petition was disposed of by the Hon'ble Mr. Justice Aloke Chakaraborti on 28th September, 2001. It appears from the judgment and order of Justice Chakraborti, issue of over age was taken before His Lordship but His Lordship was pleased to overrule the aforesaid plea of over age. His Lordship was pleased to observe the question of age bar does not apply in this particular selection process when the petitioner's date of birth is within the presecribed limit according to the advertisement. His Lordship was pleased to direct the appellate authority to decide the appeal in accordance with law expeditiously within a period of one week from the date of communication of this order. Prusuant to the aforesaid order the impugned decision of medical test has been challenged. The impugned decision records petitioner is unfit on account of "tachy cardia". The aforesaid decision is challenged by the petitioner on the ground of arbitrary and mala fide saying the petitioner is absolutely fit and he has not been suffering from any kind of ailment or disability so as to render him unfit for the aforesaid service. Subsequently he got himself examined in the S.S.K.M. hospital and the result of the examination was found in favour of the petitioner, no cardiological problem was found. He also got himself examined in a private clinic and was found that there was no such difficulty. Petitioner has got himself examined by a retired doctor of Indian Air Force namely Capt. Dr. A.B. Dutta. He certified that petitioner is absolutely fit for the aforesaid post of the Indian Air Force. No cardiological problem, nor neurological deficit was found. Those certificates have been annexed to the writ petition.;