S.N. Pathak, J. - (1.) Heard learned counsel for the petitioner and learned counsel for the respondents.
(2.) Petitioner has approached this Court with prayer for quashing of certificate of medical fitness dated 26.12.2016, issued by the Medical Board headed by Civil Surgeon, whereby the petitioner has been disqualified by mentioning him as physically disabled/ deformity of "flat feet". Further prayer has been made for a direction upon the respondents to constitute a Medical Board, consisting of expert doctors for re-examination of the petitioner as the petitioner has not been found flat foot by the expert doctor of Rajendra Institute of Medical Sciences, Ranchi (RIMS).
(3.) Shorn of unnecessary details, the facts which are requisite to be stated are that the pursuant to the advertisement no. 03/2014, vacancy was published for appointment of Forest Guard in all the Districts of Jharkhand. The petitioner claims to have qualified and passed PT as well as Mains Examination and he has also appeared for physical eligibility test as well as medical examination at Bhagwan Birsa Jewik Udyan, Chakla, Ormanjh, Ranchi on 19.12.2016. Thereafter, the petitioner was verbally asked to come on 26.12.2016 also for his re-examination of flat foot and knock knee. The petitioner appeared before the Medical Board on the said date. It is the specific case of the petitioner that in the final result published on the website of JSSC, total number of 175 candidates were shown as successful candidates for the post of Forest Guard for Giridih District. The JSSC also published the district wise qualifying marks on the website as well as percentage of marks obtained by the individual candidates obtained in the examination. The petitioner got 61.53% marks and the last selected candidates for Girdih district has secured 59.96% marks, which is less than the marks obtained by the petitioner. On coming to know that he was disqualified due to flat foot, he himself reexamined for knock knee and flat foot from the expert doctor of RIMS, Ranchi where he was found fit which would be evident from the medical certificate dated 13.02.2017 given by the doctors of RIMS, Ranchi. On receipt of such certificate, the petitioner represented before the Secretary, Jharkhand Staff Selection Commission, Ranchi on 14.02.2017 annexing medical reports of RIMS, Ranchi and prayed for constitution of Medical Board for reexamination of the petitioner with respect to flat foot and knock knee but no heed was paid to his said representation. Thereafter, the petitioner applied under Right to Information Act on 11.08.2017 as to why he has not been selected for document verification. In reply to his application, the respondents have provided him information that due to his physical disability viz. flat foot, he was not considered for appointment. However, he has qualified in other physical test. Hence, this writ petition has been filed. .;