Rajasthan High Court - Jaipur
Dinesh Kumar Gurjar vs Staff Selection Commi And Anr on 3 May, 2017
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
S.B. Civil Writ Petition No. 853 / 2015
Dinesh Kumar Gurjar
----Petitioner
Versus
Staff Selection Commi And Anr
----Respondents
_____________________________________________________ For Petitioner(s) : Mr. Kailash Sharma For Respondent(s) : Mr. C.S. Sinha & Mr. Ashish Kumar, for Mr. R.S. Rastogi, Addl. Solicitor General Mr. Mukesh Dudi, for Mr. B.S. Chhaba, Assistant Solicitor General for the Union of India _____________________________________________________ HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA / Order 03/05/2017 Instant petition has been preferred under Article 226 of the Constitution of India praying therein that the result of the Review Medical Board be set aside and after declaring the petitioner fit, the respondents be directed to issue appointment letter in favour of the petitioner on the post of Sub Inspector/Assistant Sub Inspector in the Central Industrial Security Force, Central Reserve Police Force, Border Security Force and Sashastra Seema Bal (SSB).
The petitioner, in pursuance of the advertisement issued for the post of Sub Inspector in Delhi Police and other Armed Forces had applied under Other Backward Class Category. Petitioner was selected and thereafter, his medical examination was conducted. He was declared unfit. Petitioner upon payment, obtained a Medical Certificate from the S.M.S. Hospital, Jaipur, wherein the petitioner was declared fit. On the basis thereof, the petitioner filed an appeal and sought (2 of 3) [CW-853/2015] constitution of the Medical Board. The respondent constituted a Medical Board and the petitioner was again declared unfit due to myopia in both the eyes. The petitioner appeared before Review Medical Board and the said Board declared the petitioner unfit.
In the present case, question has arisen, whether Medical Board by a Government Medical College is to be given precedence over the Review Medical Board constituted by the Para Military Forces or not.
Needless to say, the duties to be performed by a Member of Para Military Forces are rigorous and strenuous. The Para Military Forces have their own standards regarding medical fitness. The ordinary standard to be applied by the Civil Job cannot be compared and equated with Para Military Forces.
The learned counsel appearing for the petitioner has relied upon following judgments :-
1. National Thermal Power Corporation, Kahalagaon & Others Vs. Nakul Das and Others, reported as (2014) 9 S.C.c. 385.
2. Satish Kumar Chanwla Vs. State of Rajasthan & Others (S.B. Civil Writ Petition No.3781/2016) decided on 09.12.2017.
3. Manoj Kumar Sonkaria Vs. State of Rajasthan & another (S.B. Civil Writ Petition No.5620/2015), decided on 19.02.2016.
4. Kalpana & Others Vs. State of Rajasthan & Others (S.B. Civil Writ Petition No.3930/2016) decided on 31.03.2016.
5. Bhag Chand Kansotiya Vs. The State of Rajasthan & Others (S.B. Civil Writ Petition No.14976/2016), decided on 22.11.2016
6. Bharat Kumar Verma Vs. State (Home Department) & Others (S.B. Civil Writ Petition No.8958/2015), decided on 03.03.2017
7. Radheshyam Gurjar & another Vs. State (Local Self Dept.) & Others, (S.B. Civil Writ Petition No.17499/2016) decided on 18.04.2017."
All the above said judgments pertain to civil employment.
(3 of 3) [CW-853/2015] It may be noted here that in cases of civil employment, there is no provision of constitution of Review Board, therefore, the Courts have acted upon the opinion of Medical Board of the Government Medical Colleges.
In the present case, Rules of employment into Para Military Forces are different, they provide constitution of Review Medical Board upon filing of the appeal.
Taking totality of circumstances, this Court has to give precedence to the opinion formulated by the Review Medical Board over the opinion of the Medical Board of the Local Medical College.
Hence, there is no merit in the present petition and the same is, hereby, dismissed.
(KANWALJIT SINGH AHLUWALIA)J. ashok