Gauhati High Court set aside an order rejecting the petitioner from Assam Rifles on medical and age grounds, held the action arbitrary due to a late specialist report, and directed his induction as a trainee Constable.
Impugned order dated 27.12.2012 set aside; petitioner directed to be inducted as trainee Constable.
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GAHC010023862016
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5172/2016
EX TC-62091 RECT/GD SATBIR SINGH S/O SRI KASHI RAM, VILL- SHIVDHANPURA P.O. SHIVDHANPURA DIST. HANUMANGARH, RAJASTHAN- 136042.
VERSUS
THE UNION OF INDIA and 3 ORS
REP. BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, NEW DELHI110001.
2:THE DIRECTOR GENERAL
ASSAM RIFLES SHILLONG MEGHALAYA- 793011.
3:THE DEPUTY COMMANDANT
STAFF OFFICER-1 RECRUITMENT DIRECTORATE GENERAL ASSAM RIFLES SHILLONG-11.
4:THE DEPUTY COMMANDANT
ASSAM RIFLES TRANSIT CAMP KHANAPARA GUWAHATI ASSAM, PIN -781022
Advocate for the Petitioner : MR U SARMA Advocate for the Respondent : MRS. A GAYAN (CGC)
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BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
22-06-2022
Heard Shri R. Mazumdar, learned counsel for the petitioner whereas Ms. A. Gayan, learned CGC is present for all the respondents. The learned CGC has also obtained the relevant necessary instructions as directed by this Court.
Considering the subject matter of dispute and as agreed to by the parties and also the fact that the writ petition is of the year 2016 and this is the second round of litigation, the same is taken up for disposal at the admission stage.
The petitioner is aggrieved by an order dated 27.12.2012 by which he has been rejected from his services in the Assam Rifles on the ground of “medical incapacity and over age”. The medical incapacity was urged by the petitioner not to be a ground of discharge and in this regard the petitioner alongwith others had approached this Court by way of various writ petitions including WP(C) No. 4710/2008 which was disposed of on 10.08.2012. The aforesaid bunch of writ petitions was disposed of by remanding the matters to the authorities to re-examine the medical status of the incumbents including the petitioner. It is the specific case of the petitioner that after such remand through vide report dated 03.10.2012 he has been held to be unfit with the remark that specialist opinion is enclosed, such Specialist’s opinion is of a later date i.e. 05.10.2012. Shri Mazumdar, learned counsel submits that when the entire basis of holding the petitioner to be unfit on medical grounds being a Specialist’s report, such report ought to have been there before making the said remark and cannot be supplemented by a report of a later date.
The respondents have filed their affidavit-in-opposition wherein the communication concerning the dispute have also been annexed. This Court had specifically directed the learned CGC to obtain instructions on the issue which has
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fallen for determination and upon receipt of the said instructions, the learned CGC, Ms. Gayan has submitted that the instructions received are in consonance with the annexure of the writ petition more specifically those relating to the report dated 03.10.2012 and the Specialist’s opinion dated 05.10.2012.
That being the position, this Court is not required to go into the other aspects of the challenged case inasmuch as the impugned action appears to be arbitrary and accordingly is held to be unsustainable in law.
In that view of the matter, the impugned order dated 27.12.2012 is set aside and the petitioner is directed to be inducted into the services as a trainee Constable under the Assam Rifles. The authorities however are at liberty to have periodical medical review of the petitioner as per the existing rules. It is also made clear that the age of the petitioner shall not come into the way for his induction inasmuch as when the petitioner had applied for the post, his candidature was not rejected on account of age.
Writ petition is accordingly stands disposed of.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the impugned order rejecting the petitioner for medical incapacity and over age is legally sustainable given the timing of a specialist's report.
Whether the petitioner should be inducted into the services as a trainee Constable under the Assam Rifles.
Sri Satbir Singh
The Union of India
The Director General Assam Rifles
The Deputy Commandant Staff Officer-1 Recruitment
The Deputy Commandant Assam Rifles Transit Camp Khanapara
Sanjay Kumar Medhi
As recorded by the court registry
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