Calcutta High Court (Appellete Side)
(Subhajit Singha Hazari vs Union Of India & Ors.) on 28 June, 2013
Author: Dipankar Datta
Bench: Dipankar Datta
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28. 06. 2013
rrc
W. P. No. 17272 (W) of 2013
(Subhajit Singha Hazari Vs. Union of India & Ors.)
Mr. Samiran Mandal
.....For the petitioner
Ms. Kanta Roy
......For the respondents
The petitioner offered his candidature for recruitment to the Central Armed Police Forces. Initially the medical board declared him unfit on four grounds. The first of the four grounds was that he was underweight. The second to fourth grounds related to disabilities on medical ground. It is not in dispute that the review medical board has found the petitioner fit on medical ground, but he has been disqualified on the ground of being underweight once again.
It appears that the difference is of only 3 kgs. I am of the view that once the petitioner has been found fit on other grounds by the review medical board and has fallen short of the requisite qualification by only 3 kgs, the respondents ought to grant him one more opportunity to reach the required level of weight. One should not lose sight of poverty in the rural areas of West Bengal and it would be a travesty of justice to hold one disqualified for no fault of his.
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Accordingly, I dispose of the writ petition with a direction upon the petitioner to present himself before the respondent no. 3 on 15th July, 2013. In the event the petitioner is found to have put on weight of the required level, the respondents shall take follow up steps in accordance with law. Should the petitioner be found underweight once again, he shall not be entitled to any further consideration.
There shall be no order for costs.
Photocopy of the order, duly countersigned by the Assistant Registrar (Court), be handed over to learned advocate for the petitioner on the usual undertakings.
( Dipankar Datta, J. )