Court No. - 35
Case :- WRIT - A No. - 19971 of 2018 Petitioner :- Vinay Gautam Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Vijay Gautam,Pranjal Shukla,Som Veer Counsel for Respondent :- C.S.C.
Hon'ble Vivek Agarwal,J.
1. Instructions filed today are taken on record.
2. Sri Devesh Mishra, learned counsel for the petitioner and Sri V.K. Yadav, learned Standing Counsel for the State.
3. This petition has been filed by the petitioner seeking issuance of direction to the respondent authorities to conduct fresh Medical Examination of the petitioner by Medical Board for the post of Police Constable and Constable PAC (Male), Direct Recruitment, 2015 pursuant to advertisement dated 29.12.2015.
4. Learned counsel for the petitioner submits that earlier petitioner had undergone a Medical Examination and Chief Medical Officer, Hathras had issued a certificate of fitness dated 21.08.2018 and thereafter petitioner was a candidate for appointment to the India Army where he was issued a admit card, which was to be issued to the individual on successful completion of Medical Examination and since admit card was issued as is contained in annexure no.8A, presumption is that petitioner was medically fit on the date of examination and, therefore, there was no justification for the District Level Medical Board or the Divisional Medical Board to have declared petitioner to be unfit.
5. Sri V.K. Yadav, learned Standing Counsel for the State, in his turn, submits that the scheme of examination and the notification dated 02.12.2015, contained in annexure no.9, itself provides as under:-
"(g) Medical Examination The candidate whose name are in the select list sent as per clause (e), will be required to appear for Medical Examination by the Appointing authority. Medical Examination will be conducted in the Police Line of the concerned District or at the place mentioned by the Appointing authority. Medical Examination will be conducted as per Appendix-3. The candidates found unsuccessful in Medical Examination shall be declared unfit by the Appointing authority and such vacancies shall be carried forward for next selection"
6. He further submits that in Appendix- 3 under Rule15- G, it is provided in Clause 3 that "any candidate not satisfied by his Medical Examination, may file an appeal on the day of examination itself. Any appeal in regard to Medical Examination will not be considered if the candidate fails to file appeal on the date of Medical Examination and declaration of its result itself. The appeal should be disposed of by the Medical Board, constituted for the same purpose within two weeks of the appeal being filed. The Medical Board constituted for appeal shall have expert regarding Medical deficiency of the applicant".
7. Reading these provisions, it is submitted that once petitioner was declared unfit in the Medical Examination and thereafter Medical Board has also not find him fit and has declared him to be suffering from varicose veins, there is no illegality in the impugned order calling for indulgence and issuance of a direction to conduct fresh Medical Examination of the petitioner.
8. After hearing learned counsel for the parties and going through the record, certain facts needs to be elaborated. Firstly, the admit card as has been alleged to be issued in favour of the petitioner by the Indian Army is for the exam which was conducted in July, 2014 and it is not the case of the petitioner that varicose vein is a congenital deceased which could not have been contacted subsequent to his undergoing Medical Examination before the Indian Army in the year 2014. Secondly, the certificate of medical fitness issued by the Chief Medical Officer, Hathras on 21.08.2018 does not make a disclosure of being testing the petitioner for the presence or absence of any neurological decease or any veinal decease like varicose veins inasmuch as there is no column for such testing in the form of the certificate as was signed by Chief Medical Office, Hathras.
9. Report has been produced from the District Medical Board in regard to the petitioner, who had undergone Medical Examination on 16.06.2018, wherein District Medical Board found the petitioner to be unfit due to Bache Knee (LT) varicose veins. Thereafter, on 19.06.2018 petitioner was examined before the Divisional Medical Board, which again declared him to be unfit on account of varicose veins. This certificate is signed by five doctors of the Divisional Medical Board, Moradabad.
10. Thus, petitioner having failed to show that after 2014, when he was subjected to Medical Examination by the Authorities of India Army where he had appeared in Medical Examination and consequent to which an admit card was issued in July, 2014, as contained in annexure no.8A, he could not have developed varicose veins and in spite of suffering from varicose veins, he is fit to be appointed as a Constable. There is no substance in the petition to show any indulgence on the basis of the two documents, namely, a certificate issued by Chief Medical Officer, Hathras, which does not contain any column for reporting status of health of veins of the petitioner and also on the basis of admit card issued in favour of the petitioner for examination which was held in July, 2014.
11. Thus, there being no challenge to the report through any cogent medical evidence, petition is liable to fail and is dismissed.
Order Date :- 29.9.2021 Ravi/-