Kerala High Court
Sarath S Kurup vs The Director on 15 November, 2012
Author: P.R.Ramachandra Menon
Bench: P.R.Ramachandra Menon
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
WEDNESDAY, THE 19TH DAY OF DECEMBER 2012/28TH AGRAHAYANA 1934
WP(C).No. 29120 of 2012 (L)
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PETITIONER(S):
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SARATH S KURUP, AGED 18 YEARS,
S/O. SASANKAN KURUP, SARATH BHAVAN, EYYACODU,
PULLUPANA P.O., KADAKKAL, KOLLAM DISTRICT.
BY ADV. SMT.G.VIDYA
RESPONDENTS:
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1. THE DIRECTOR,
HEAD QUARTERS RECRUITING ZONE, K.M.KARIAPPA ROAD,
BANGALORE, PIN-900 493.
2. THE DIRECTOR
ARMY RECRUITING OFFICE, THIRUVANANTHAPURAM-695 006.
BY SRI.P.PARAMESWARAN NAIR,ASG OF INDIA
& ADV.SRI.T.SANJAY, CGC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19-12-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) 29120/12
APPENDIX
PETITIONER'S EXTS.:
EXT.P1: THE TRUE COPY OF THE CERTIFICATE ISSUED BY THE ASSISTANT
SURGEON DATED 15.11.2012.
EXT.P2: THE TRUE COPY OF THE INTIMATION SENT BY THE 2ND RESPONDENT
DATED 24.11.2012.
RESPONDENTS' EXTS.:
ANNEXURE R1(a): TRUE COPY OF THE RELEVANT PAGE OF THE SPECIAL ARMY
ORDER 4/S/71.
ANNEXURE R1(b): TRUE COPY OF THE LETTER DATED 20.1.2010.
srd (True copy) P.A. to Judge
P.R.RAMACHANDRA MENON, J.
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W.P.(c) No.29120 OF 2012
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Dated this the 19th day of December , 2012
JUDGMENT
The petitioner, who is an aspirant to be selected as a member of the Disciplined Force ( Military) is before this Court challenging the course and procedure as stipulated in Ext.P2 dated 24.11.2012.
2. The factual position as narrated by the petitioner shows that, the petitioner attended the Military Recruitment Rally in July 2012 and successfully completed the physical examination and medical fitness test in the concerned category. Thereafter, the petitioner participated in the written examination held on 26.8.2012 with Roll No.1079 and he cleared the same. In the course of further steps for selection , it came to be noted that the petitioner was having some disadvantages, because of which he was suggested to have clinical/surgical correction of the "Scrotal Swelling (Right)". It was with reference to this instance, that the petitioner was served with Ext.P2 communication dated 24.11.2012 pointing out that the W.P.(C)No.29120/2012 2 petitioner's candidature could not be considered for the time being and that he could participate in the future rally, subject to fulfilling of the eligibility conditions as a fresh candidate.
3. The case of the petitioner is that, immediately on coming across the defect/ailment requiring surgical correction, the petitioner underwent surgery at the Community Health Centre, Kesavapuram on 12.10.2012 and it has been certified as per Ext.P1 Medical Certificate dated 15/11/2012 issued by the Assistant Surgeon that, he has recovered from the illness and is fit for joining duty. It is in the said circumstance that the petitioner has approached this Court seeking to permit him to get enrolled, based on Ext.P1 Medical Certificate.
4. The respondents have filed a statement pointing out that, on coming across the infirmity, the petitioner was referred to Surgical Specialist, who reviewed him and found that he was unfit due to "Right Sided Inguinal Hernia" and recommended for cancellation of his candidature, in view of the relevant rules/norms. Reference is made to Special Army Order 4/S/71, which stipulates that patients who have undergone an operation for Hernia may be accepted provided :- W.P.(C)No.29120/2012 3
(i) One year has elapsed since operation.
(ii) General tone of the abdominal masculation is good.
(iii) There is no recurrence.
It is further stated in paragraph 4 of the said statement that a remedical course is permissible in respect of some minor ailments and that a maximum delay by '100 days' is possible, in the said circumstance, to be despatched to the training centre. Referring to the relevant Rules/norms, copies of which have been produced as Exts.R1
(a) and R1(b), the learned Central Government counsel submits that, the ailment in the instant case is not a minor one, but admittedly a serious one, which involved surgical correction, requiring a minimum cooling period of one year, as mentioned already. The learned counsel also submits that, the selected persons will have to undergo rigorous training, which also involves running 10 Km. every day carrying a ' back pack ' of 18 Kgms. and that there is a time stipulation in so far as the first 5 Kms. will have to be completed within 17 minutes. The person who has undergone surgery as above may get the ailment aggravated, making the situation worse and hence it is not advisable to undergo any such training during the stipulated period of W.P.(C)No.29120/2012 4 one year.
5. After hearing both the sides, this Court finds that there is absolutely nothing arbitrary or malafide on the part of the respondents in having issued Ext.P2, nor is there any violation of the rules/statutory provisions with regard to the norms of selection. Further, the rights and interests of the petitioner have been safeguarded, while stipulating that, it is open for the petitioner to participate in the next round of selection, after the 'lock-in' period.
In the said circumstance, the writ petition fails and the same is dismissed accordingly.
P.R.RAMACHANDRA MENON JUDGE sv.
W.P.(C)No.29120/2012 5