D.G.R.PATNAIK, J. - (1.) PETITIONER has prayed in this writ application for issuance of a writ of mandamus commanding upon the Respondent -authorities to allow the petitioner to conclude the remaining part of their training or in the alternative, direct the Respondents to appoint the petitioner in the Office work of the Respondents -authorities.
(2.) HEARD the learned Counsel for the petitioner and Counsel for the Respondents. The petitioner's case in brief is that pursuant to an advertisement dated 29.03.2005, inviting eligible candidates for spot Recruitment for the post of Constable in R.P.F./R.P.S.F., the petitioner had submitted his candidature by submitting his application and had appeared before the Respondents -authorities for his Physical Test. On conducting the Physical Test, the Respondents had declared him passed in the Test and allotted him Roll No. 25739, for appearing at the Written Test held on 10th May, 2005. The petitioner appeared at the written Test and the Selection Committee had declared him successful in the written Test also, On the declaration of the Results by the Selection Committee, the petitioner was called, vide a letter dated 19th October, 2005, issued by the Respondent No. 3, to appear at the Medical Test on 25.10.2005 a the Railway Hospital, Dhanbad. On conducting the Medical Test, the Chief Medical Officer had declared the petitioner as medically fit and issued Fitness Certificate in favour of the petitioner, which was submitted before the Respondent No. 3. Thereafter, on being directed, the petitioner reported himself before the Commandant, 2nd Battalion of R.P.S.F., Gorakhpur on the stipulated date. The Training commenced on 01.05.2006. However, even while the petitioner was undergoing Training, the Respondent No. 4 being the member of the Training Centre directed the petitioner for a re medical test at the L.N. Mishra Central Hospital, North Eastern Railway, Gorakhpur. The petitioner was later on, admitted in the Hospital on 08.07.2006 for a surgical operation to separate his joint fingers of the right hand. However, after his discharge from the Hospital, when the petitioner wanted to resume his Training, he was not allowed to join and on the contrary, his services were terminated by the order of the Respondent No. 3 on the ground that he was found medically unfit.
(3.) THE grievance of the petitioner is that he had never suppressed the fact even during the physical Test that two fingers of his right hand were joint. The jointness of his fingers had not caused any impediment whatsoever while the petitioner was undergoing Training and since after the separation of the joint fingers after the Surgical intervention, the petitioner did not suffer from any Physical defect whatsoever and therefore, he could not have been declared as Medically unfit for the service. The stand taken by the petitioner is that the termination of the petitioner's appointment in the manner as done, by the Respondents is totally against the principles of natural justice, since the petitioner was never offered any opportunity to explain.;