Calcutta High Court (Appellete Side)
Chhotan Ghosh vs Union Of India & Ors on 22 August, 2023
31
22.8.2023
Sws.M
W.P.A. 19796 of 2023
Chhotan Ghosh
Vs.
Union of India & Ors.
Mr. Debasish Kundu
..For the Petitioner
Ms. Bijaylakshmi Sil
...For the U.O.I.
The petitioner participated in the recruitment process
for recruitment of Constables (GD) in Central Armed Police
Forces (CAPs), NIA, SSF and Rifleman (GD) in Assam Rifles
and Sepoy in Narcotics Control Bureau Examination 2022.
The said examination is held by the Staff Selection
Commission.
The petitioner qualified in the written test, Physical
Standard Test (PST) and Physical Efficiency Test (PET). In the
Detailed Medical Examination (DME) held on August 3, 2023,
the petitioner was declared unfit, interalia, on the ground of
"B/L TM Perforation and Left Tympanoscelrosis". The
petitioner was sent to the IPGMER & SSKMH - Centre of
Excellence, Department of Health & Family Welfare,
Government of West Bengal on August 4, 2022 for
2
reassessment of the medical health and the petitioner was
found to be fit from ENT point of view.
The petitioner was again asked to appear at IPGMER &
SSKMH - Centre of Excellence. It was recorded that there
were no complains and the petitioner was referred to BSF
Hospital for Audiometry. The petitioner was called for review
test after 10 days before the SSKM Hospital.
The petitioner appeared before the Review Medical
Examination (RME). The petitioner was declared to be unfit
due to "Mild conductive hearing defect in the left ear". The
RME Report is dated August 5, 2023. On August 8, 2023, the
petitioner went to the R.G. Kar Medical College and Hospital
for his check up and found that the petitioner is fit.
Mr. Kundu, learned counsel appearing on behalf of the
petitioner prays for an independent authority to conduct a test
with regard to the "Mild conductive hearing defect in the left
ear" test of the petitioner.
Ms. Sil, learned counsel appears on behalf of the
respondents.
After considering the rival submissions of the parties and the materials placed on record, this Court finds that justice will be sub-served by getting "Mild conductive hearing defect in the left ear" of the petitioner tested and a Report being sought for from the Superintendent, Eastern Command 3 Hospital, Kolkata. The Superintendent, shall forward a copy of the "Mild conductive hearing defect in the left ear" test report of the petitioner indicating whether he is "fit" on the said count to discharge his duties as a Constable (GD). The entire exercise for conducting such "Mild conductive hearing defect in the left ear" test is to be completed within a period of four weeks from the date of communication of this order. The Registry of this Hon'ble Court shall communicate a server copy of this order to the Superintendent, Eastern Command Hospital, Kolkata.
The Superintendent shall forward the Report in a sealed cover in favour of the learned Registrar General, Appellate Side of this Hon'ble Court, who shall place the Report before this Court on the adjourned date of hearing.
Let the matter come up for further consideration under the same heading "Motion" on October 3, 2023.
It is directed that one vacant post of Constable (GD) shall be kept by the respondent concerned, till the disposal of the writ petition.
All parties shall act on the server copy of this order duly downloaded from the official website of this Court.
(Lapita Banerji, J.)