Court No. - 21
Case :- SPECIAL APPEAL DEFECTIVE No. - 460 of 2018 Appellant :- Brajesh Kumar Respondent :- Union Of India And 4 Others Counsel for Appellant :- Yogendra Kumar Srivastava Counsel for Respondent :- A.S.G.I.
Hon'ble Govind Mathur,J. Hon'ble Chandra Dhari Singh,J.
This appeal is barred by limitation from 147 days. Ignoring the same, we have examined merits of the case.
Heard Sri Yogendra Kumar Srivastava, learned counsel for the appellant, Ms. Pooja Agarwal, learned counsel for the respondents.
This appeal is before us to examine correctness of the order dated 16th of January, 2018.
The brief facts of the case is that the appellant-petitioner faced the process of selection for appointment to Indo- Tibbat Border Police Force in the year, 2011. This candidature was rejected on the count that he was suffering from 'Hypertension' and, as such, he was recommended to go for 'Defective Distance Vision' test. Being aggrieved by the same, he preferred a petition for writ before Single Bench of this Court (Writ A No. 11475 of 2013, Brajesh Kumar Vs. Union of India and Others) that came to be decided on 4th of March, 2013 directing the respondent- Indo-Tibbat Border Police Force to consider the grievance of the appellant-petitioner in accordance with law.
After disposal of the petition for writ, the appellant- petitioner was subjected to medical test of 'Defective Distance Vision' in 2013. After 'Defective Distance Vision' test this claim was denied by treating him unfit on basis of the "Hypertension Test" conducted earlier on 11th of October, 2011.
In view of the same, the appellant-petitioner again approached this Court by way of filing a petition for Writ-A No. 42896 of 2013. Learned Single Bench while dismissing the petition for writ under the order dated 16th of January, 2018 held that as per the norms settled, the appellant-petitioner was not medically fit to be recruited with I.T.B.P.
In appeal the argument advanced by learned counsel appearing on behalf of the appellant-petitioner is that after disposal of Writ-A No. 11475 of 2013, the respondents reconsidered case of the petitioner and then allowed him to appear in the medical test to assess 'Defective Distance Vision' on 21st of June, 2013 at Base Hospital, ITBP Police, Tigard Camp, New Delhi. The decision of the respondent aforesaid, clearly indicates that the issue with regard to 'Hypertension' was condoned, therefore, the rejection of the candidature on that count is erroneous.
We do not find any merit in the argument advanced.
The respondent sent the petitioner for 'Defective Distance Vision' test only to complete the Medical Examination but in no way that can be treated as condonation of other medical fitness issues. As already stated, the petitioner was found unfit on the count of 'Hypertension' and that is a reason sufficient to reject his candidature.
Suffice to mention that Indo-Tibbat Border Police Force is an armed force and that requires absolute medical fitness.
In view of whatever stated above, we do not find any wrong with the order passed by learned Single Bench that may warrant interference in writ jurisdiction. The appeal is dismissed.
Order Date :- 30.7.2018 Rameez .
(Chandra Dhari Singh,J.) (Govind Mathur,J.)