D.N.PATEL, J. - (1.) THE present writ petition has been preferred by the petitioner for a direction upon the respondents to appoint him as a Constable in Central Reserve Police Force (hereinafter to be referred as "CRPF").
(2.) LEARNED counsel for the petitioner submitted that the petitioner has applied for the post of Constable, in pursuance of a public advertisement. The petitioner appeared in the examination, conducted by the respondents and upon clearance of the said examination, he was sent for medical examination and thereafter, the medical examination report was given on 16th January, 2010, which is at Annexure 2 to the memo of petition. Since the petitioner was suffering from some disease, he was declared unfit. It is also submitted by the learned counsel for the petitioner that the said order being appellable one, it was challenged before the Review Medical Board. It is further submitted by the learned counsel for the petitioner that the disease from which the petitioner was suffering was hydrocele and, thereafter, the petitioner was operated upon on 18th January, 2010. It is further submitted by the learned counsel for the petitioner that the disease, which was mentioned in the medical certificate, which is at Annexure 2 to the memo of petition, being a curable disease by operation, now there is no unfitness of the petitioner and, thus, the petitioner should have been appointed as a Constable in the CRPF. Mr. M. Khan, learned ASGI, appearing for the Union of India, vehemently submitted that the petitioner was declared unfit due to (i) Hydrocele (operated case); (ii) Healing wound; (iii) Thickened skin in scrotum; and (iv) Tone of muscle increased. The aforesaid medical examination was conducted on 16th January, 2010 and, thereafter, the petitioner preferred an appeal before the Review Medical Examination Board where also the petitioner was examined by the fresh panel of doctors and again he was found medically unfit. These facts are stated in paragraph no.13 of the counter affidavit along with the opinion given by the Review Medical Examination Board dated 17th February, 2010, which is at Annexure A to the counter affidavit, filed by the Union of India and, therefore, the petitioner may not be ordered to be appointed as a Constable in CRPF, because at relevant time the petitioner was medically unfit and such type of advertisements re coming regularly and, therefore, if the petitioner thinks that he is medically fit, he may again apply, if he is otherwise qualified.
(3.) HAVING heard learned counsel for both the sides and looking to the facts and circumstances of the present case, I see no reason to entertain this writ petition for the following facts and reasons: (i) A public advertisement was issued by the respondent-Union of India on 6th July, 2009 for appointment to the posts of Constable in Central Reserve Police Force. Petitioner applied for the post, in question, and thereafter, written examination was conducted on 29th November, 2010, wherein the petitioner became successful. The petitioner was sent for medical examination on 16th January, (ii) 2010 and on examination by the Board, he was found medically unfit. The certificate is at Annexure 2 to the memo of petition. (iii) Thereafter, the petitioner preferred an appeal before the Review Medical Examination Board and again the petitioner was examined by the panel of doctors and a certificate has been given by the Review Medical Examination Board that the petitioner is unfit due to (a) Hydrocele (operated case); (b) Healing wound; (c) Thickened skin in scrotum; and (d) Tone of muscle increased. (iv) This certificate is given by the Review Medical Examination Board on 17th February, 2010, which is at Annexure A to the counter affidavit, filed by the Union of India. Thus, the petitioner was examined twice; initially by a doctor and thereby by a panel of doctors and on both the occasions, he was declared unfit for the post, in question. Both the certificates are part of this writ petition. In view of the aforesaid facts, the petitioner cannot be appointed to the post, in question. (v) Learned counsel for the petitioner vehemently submitted that the petitioner has undergone operation on 18th January, 2010 and whatever was the disease was a curable one by operation and therefore, now he is medically fit and, therefore, he should be appointed as a Constable. This contention of the learned counsel for the petitioner is not accepted by this Court, mainly for the reasons that as on relevant date, the medical fitness is to be seen of a candidate and not the future fitness otherwise every one will be medically fit. If the petitioner thinks that he is medically fit by now, he can apply for the post, in question, afresh, as and when public advertisement is issued by the respondent- Union of India, but, looking to both the certificates, which are at Annexure 2 to the memo of petition as well as at Annexure A to the counter affidavit, filed by the respondent-Union of India, on both the occasions; initially by a doctor and thereafter by a panel of doctors, the petitioner was found unfit for the post, in question. As a cumulative effect of the aforesaid facts and reasons, there is no substance in this writ petition and, hence, the same is hereby dismissed.;