Petitioner challenged denial of appointment as Constable (GD) in SSB after being declared unfit for hearing impairment. He failed to attend the Review Medical Examination despite being issued a call letter and website notification. The petition seeking appointment was dismissed as petitioner remained absent.
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SWP No. 316/2010 IA No. 381/2010
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU
Pronounced on:- 8 .06.2020 Mohd. Haneef ….Petitioner(s) Through: Mrs. Surinder Kour, Sr. Advocate with Ms. Manpreet Kour, Advocate vs. Union of India and others .…Respondent(s)
Through: Mr. Vishal Sharma, ASGI
CORAM: HON’BLE MRS. JUSTICE SINDHU SHARMA, JUDGE
JUDGMENT
01. Petitioner applied for the post of Constable (GD) in Sashastra Seema Bal as he was eligible in all respects and he was issued an admit card to appear in the recruitment test. He appeared before Recruitment Board on 16.02.2009 at Group Center, CRPF, Bantalab, Jammu. In terms of the prescribed eligibility conditions, respondents conducted his medical examination to assess his physical and medical fitness. The respondents after assessing his fitness in the medical examination declared him ‘unfit due to hearing impairment in the left ear.
02. The Medical Officer, vide his letter dated 23.02.2009, informed the petitioner that, in case, he wants to prefer an appeal against the findings of the medical examination, he could apply for Review Medical Examination in the enclosed form within a period of one month.
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03. The respondents in their objections have stated that petitioner was called vide Letter No. 125/RC/SSB//Pers-II/Re-Medical/09-1483 dated 06.04.2009 to appear before the Review Medical Examination, which was to be held from 20.04.2009 to 21.04.2009 at TC SSB Sapri, Himachal Pradesh. In addition to the aforementioned letter, information regarding the Review Medical Examination of candidates was also uploaded in SSB website on 09.04.2009. In the website, it is specifically mentioned that in case of non-receipt of the letter for review of medical examination, the candidates should directly report at the center.
04. Learned counsel for the petitioner submits that since he was not satisfied with the findings of the Medical Board, he approached an ENT Doctor at Government Medical College, Jammu, for examination on 04.03.2009, who declared petitioner medically fit. Petitioner, thereafter, immediately filed an appeal for review of the findings of the Medical Board.
05. The petitioners’ contention is that, he was wrongly declared unfit by Medical Board for hearing impairment of left ear and he applied for conducting the review of finding of his medical examination, but the same was not done. The respondents by not conducting Review Medical Examination have deprived his consideration for appointment to the post of Constable (GD) in Sashastra Seema Bal, for which he was otherwise eligible.
06. It is further submitted that the findings of the Medical Board have been over ruled by the Doctor at Government Medical College, Jammu who had declared him fit, and as he had preferred an appeal, therefore, it was incumbent upon the respondents to conduct and review the medical examination of the petitioner. But the respondents never called or
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informed him about the Review Medical Examination held by the respondents.
07. Mr. Vishal Sharma, learned ASGI has also placed on record proceedings of the Review Medical Board which was held w.e.f 20.04.2009 to 21.04.2009 in which eleven (13) candidates had appeared before the Review Medical Board, out of which 09 were found fit, 02 were found unfit and 02 i.e petitioner-Mohd. Haneef and Vipin Kumar were absent.
08. Learned counsel for the respondents also submit that, as per para-5 of the Advertisement Notice, it has been specifically stated that “those candidates whose appeal found in order will be issued call letter to appear for Review Medical Examination and their list will also be published in SSB website www.ssb.nic.in. They may keep in touch to know their date of appearing in review medical examination and venue in our website.” Since the petitioner did not appear before the Review Medical Board, therefore, medical opinion in his case could not be reviewed and he remained unfit.
09. The respondents, vide their form No SSB/Constable (GD)/DE/04, declared the petitioner unfit and this form has been annexed by the petitioner as annexure-B to the petition. Para 2 of the said form states that in case petitioner prefers to file an appeal against the meetings of the medical examination, he shall do so and the same shall reach to the addressee in form No. SSB/Constable(GD)/DE/06 within a period of one month i.e positively by 22.03.2009, failing which his candidature for the post of Constable (GD) shall be treated as cancelled without further notice. Since the petitioner despite having knowledge of the process, remained absent, therefore, findings in his case cannot be reviewed. Thus
SWP No. 316/2010
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Constable (GD) in SSB.
10. In view of the aforesaid discussions, there is no merit in this petition,
which is accordingly dismissed.
(Sindhu Sharma)
Jammu
8 .06.2020 SUNIL-II Whether the order is speaking: Yes Whether the order is reportable: No
SUNIL KUMAR 2020.07.01 17:46 I attest to the accuracy and integrity of this document
2 issues framed by the court
Whether the petitioner's decision to remain absent from the Review Medical Examination warrants dismissal of his petition seeking appointment.
Whether the High Court should intervene to mandate a review medical examination for a candidate who did not report to the scheduled review after a dispute over initial fitness findings.
Mohd. Haneef
Union of India
Sindhu Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
