Heard learned counsel for the petitioner and Sri Sanjay Yadav, learned counsel appearing for the respondents Union.
The claim and candidature of the petitioner has been rejected by the respondents on the ground of him being found to be medically unfit. The Appeal which was preferred has not been transmitted to the Review Medical Board with the respondents noting in the order impugned that the "papers of Eye specialist not attached."
In Writ-A No. 314 of 2021, this Court had noticed the concession of the learned A.S.G.I. who had submitted that the issue raised stands concluded in light of the judgment rendered by a learned Judge of the Court in Rupesh Kumar v Union of India and 4 Others [2020(9) ADJ 555] in the following terms: -
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The above provision only contemplates that the medical certificate to be annexed with the appeal should be by the medical officer from Government District Hospital or above. It does not mention that the medical officer issuing the certificate should be a specialist in the field. However, in the communication sent to the petitioners informing them that they had been declared medically unfit, it was mentioned that in the event they apply for a review medical examination, they were required to submit medical certificate from a medical practitioner who should be specialist medical officer of Government District Hospital and above as per Form No.3. A sample Form 3 which is part of Writ Petition No.5049 of 2020 is reproduced below:-
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As noted, the main provision in the Recruitment Scheme providing for the remedy of review medical examination only speaks of medical certificate from Government District Hospital or above, to be annexed with the appeal. The medical certificate annexed with the appeal shall be evidence of possibility of an error of judgment in the decision of initial medical board/recruiting medical officer, who had examined the candidate in the first instance. The doctor issuing the certificate is required to certify that it is being issued in full knowledge of the fact that the candidate had already been rejected and declared unfit for service by CAPF medical board, or the recruiting medical officer. He has to owe full responsibility of the facts certified by him. The object unambiguously was to prevent frivolous appeals being filed. If the documents were found in order, the appeal could be accepted. The acceptance of the appeal would not mean that the candidate has been declared or accepted to be medically fit. It would only pave way for constitution of a Review Medical Board by the respondents. The candidates would thereafter be subjected to medical examination once again by the Review Medical Board and only if he is found fit that he would be moving to the next stage of recruitment. The requirement that certificate should be by specialist medical officer of concerned field came to be incorporated for the first time in Form No.3 at the place where the doctor issuing the certificate has to sign, mention his name, and put his seal. In my considered opinion, the requirement of filing medical certificate alongwith the memo of appeal should be interpreted keeping in mind the object with which the said provision has been incorporated. It should not be overstretched, lest the very purpose of providing remedy of review medical examination may stand defeated. So interpreted, I am of the considered view that the Certificates annexed by the petitioners alongwith their appeal were sufficient to entertain the appeals.
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In view of the aforesaid it is conceded that the impugned order would not sustain.
Accordingly, the writ petition is allowed. The impugned order dated 29 June 2020 is hereby quashed and set aside. The respondents are directed to reconsider the candidature of the petitioner bearing in mind the principles laid in Rupesh Kumar.
Order Date :- 22.2.2021 Vivek Kr.