Pramath Patnaik, J. - (1.) In the accompanied writ application, the petitioner has inter alia prayed for quashing the medical certificate granted by Medical Board dated 27.02.2009 on the ground that the petitioner has been declared physically unfit being "Knock Knee" whereby the petitioner has been denied to the post of Constable. Further, prayer has been made for direction to the respondents for re-examining the petitioner for which the petitioner is ready to bear the expenses.
(2.) The brief facts as disclosed in the writ application is that in pursuance to Advertisement No.01/2004 for appointment of non-matriculate candidate for the post of Constable, petitioner applied for the said post. In pursuance to call letter, the petitioner appeared for test and Medical Officers declared that the petitioner to be physically unfit for the job as he is suffering from "Knock-Knee". Being aggrieved by the medical report, the petitioner has submitted representations before the respondents i.e. Deputy Inspector General of Police, Palamu Range cum Chairman of the Selection Board as well as Deputy Inspector General of Police, Santhal Pargana Reason, Dumka as evident from Annexure-6 to the writ application. For Mitigating his grievance, the petitioner has been constrained to knock the door of this Court under Article 226 of the Constitution of India.
(3.) Controverting the averments made in the writ application, a counteraffidavit has been filed on behalf of the respondent-State. In the counteraffidavit, it has been submitted that the Medical Board after proper examination, found the petitioner suffering with the problem of "Knock Knee". The result of the medical examination was maintained in the register as per Annexure-D to the counter-affidavit. Further, it has been submitted that after completion of the whole process of the appointment a report to the D.I.G. of Police, Santhal Paragna Range, Dumka has already been sent by the respondent no.5 vide office memo dated 02.03.2009 which shows that the petitioner bearing Roll No.10605 was not appointed due to the permanent medical disability as evident from Annexure-E to the Counter-affidavit.;