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Judgment
CM APPL. 50471/2022 (Exemption)
Allowed, subject to just exceptions.
The application is disposed of.
W.P.(C) 16157/2022
The petitioner, vide the present petition has prayed as under:-
“a)directing the respondents to declare the petitioner medically fit for the post of constable in the CAPF in the said recruitment notification dated 17.7.2021 by declaring it’s decision dated 29.9.2022 as arbitrary and unsustainable and include the petition in the selected list of candidates and to issue appointment letter accordingly; AND
b)Direct the Respondents not to issue any appointment letters or allow joining the selected candidates until the name of the petitioner is added in the selection list while pendency of the present petition.”
The case of the respondent is that vide the detailed medical examination dated 27.09.2022, the petitioner was found unfit and was referred to the Review Medical Board for B/L Cervical Ribs. Thereafter, he appeared before the Review Medical Board on 29.09.2022 and the said Board also found him unfit on two grounds:-
“(i)Bilateral Cervical Rib present; and (ii) Over weight by 8 Kgs (BMI- 27.68%).”
Learned counsel appearing on behalf of the petitioner submits that the petitioner is otherwise fit, however, his medical condition was not properly considered during the review medical examination by the Review Medical Board.
Without commenting on the merit of the present case, it is agreed by the counsel for the petitioner that the petitioner be examined by an independent Hospital i.e. by the R&R Hospital and the report of that hospital shall be final and binding upon the petitioner.
Accordingly, we hereby, direct the In-charge of R.R Hospital to constitute a board, within three weeks, to examine the petitioner and send a report to the respondents within a week thereafter.
It is made clear that if the report is in favour of the petitioner, the respondents shall allow the petitioner to participate in the selection process in question. However, if the report is against the petitioner, that will be binding upon both the parties and as agreed by the petitioner, the said report shall not be challenged.
In view of the aforesaid discussion, the petition is accordingly disposed of.