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Judgment
Writ Petition is filed for the following relief:
“pleased to issue a Writ or Order or Direction more particularly one in the nature of Mandamus declaring the impugned Termination Orders No.56th Bat/ITBP/Establish-2/ NOTICE/2023-1384-91, dt.08-04-2023, issued by the 5th Respondent, as per Rule 17 of ITBPF Rules, 1994, under the averments that the Medical Board not agreeing with the opinion of Dr. B. K. Kundu, Rheumatologist, RML Hospital and declared the Petitioner unfit for Basic training, whereas, in the Medical review Proceedings dt.10-02-2023, the Medical Board agreed with the opinion of Dr. B. K. Kundu, Rheumatologist, RML Hospital and declared the petitioner fit for Basic Training, as being illegal, arbitrary and in violation of under Article 14, 16 and 21 of the Constitution of India, consequently to set-aside impugned Termination Orders No.56th Bat/ITBP/Establish-2/NOTICE/2023-1384-91, dt.08-04-2023 of the Respondents and directing the Respondents to retain and continue the Petitioner into service as Constable/GD in 56th Battalion of Indo Tibetan Border Police Force and to pass”
Heard Sri U.D. Jai Bhima Rao, learned counsel representing Sri Ch. Krishnaiah, learned counsel for the petitioner, Smt. M. Uma Devi, learned Central Government Counsel appearing for the respondents.
The grievance of the petitioner is that, in spite of opinion of Review Medical Board dated 10.02.2023, stating that individual is fit for basic training, which opinion was arrived at basing on opinion of Dr.B.K.Kundu, RML Hospital, Delhi, the case of the petitioner has not been considered for alternative employment.
Learned Central Government Counsel appearing for the respondents submits that the Medical Board has not accepted the opinion of Dr.B.K.Kundu, as it is only an individual opinion, whereas the proceedings dated 10.02.2023 contain the opinion of the Board of Doctors at Referral Hospital, arrived at upon examination of the individual and consideration of the opinion of Dr.B.K.Kundu.
However, without going into the aspect of the opinion expressed by the Medical Board and also rejection of the candidature for alternative employment, this Court is of considered view that the respondent authorities may consider the case of the petitioner for any other employment, either on ministerial side or in any other suitable post, as per his eligibility and entitlement and also suitable for his health condition, as the petitioner has served the respondent-organization for more than ten years.
In view of the above, this Court deems it appropriate to permit the petitioner to make a representation to the respondents within a period of four weeks from the date of receipt of a copy of this order, along with the aforesaid Medical Board’s opinion, to consider his case for any other alternative suitable employment as per his eligibility, entitlement and suitability. The respondents may consider and pass appropriate orders in accordance with the Rules in vogue within a period of two months therefrom.
Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.
As a sequel, Interlocutory Applications pending, if any, shall stand closed.