The Punjab and Haryana High Court directed the respondents to sympathetically reconsider the case of a BSF constable who was struck off from service for not being able to complete basic training because he was declared 'unfit' and held that a person after joining service may become incompetent while on duty on account of reasons beyond his control and in such circumstances, it cannot be concluded that a person who has fulfilled all the required parameters at the time of recruitment should be weeded out.

Brief Facts:

The petitioner was provisionally selected as a Constable (GD) in BSF after which he reported to the subsidiary training centre where he suffered from fever and was diagnosed with bone tuberculosis. The medical report after his treatment confirmed that he was fit to rejoin services but the BSF did not accept the same and the petitioner was made to face the medical board which after examining him opined that he was unfit to undergo Basic Recruitment Training and unsuitable for further retention in service. The petitioner filed the present petition for the setting aside of the order whereby the name of the petitioner has been struck off from the strength of BSF.

Contentions of the Applicant:

The learned counsel appearing on behalf of the petitioner contended that as per the opinion of the PGI, Chandigarh, the petitioner was fit to join service, however, the respondent on the basis of opinion of its Medical Board has declared him unfit and the petitioner at the time of recruitment was not suffering from any ailment and he was found medically fit and the petitioner after joining the service has suffered from alleged disease and it is a curable disease and has undergone treatment and was fit for joining. The counsel relied on the judgments in Kunal Singh vs. Union of India and another, Bhagwan Dass and another vs. Punjab State Electricity Board to contend that the petitioner had suffered an alleged disease after joining, thus, he could not be weeded out.

Contentions of the Respondent:

The learned counsel appearing on behalf of the respondents contended that the respondents had their arrangement of medical examination the petitioner was twice examined by qualified doctors and found unfit for the basic training and the petitioner had not completed basic training and without completing training, no one can be appointed in the BSF.

Observations of the Court:

The court stated that as per the medical opinion of the respondent could not undergo basic training, thus, he cannot be retained in the Force and the petitioner has suffered from alleged disease post recruitment and at the time of recruitment, he was found fit for the job. The court stated that it seemed to be highly unjustified and unfair to weed out an employee on the ground that he cannot complete basic training because of a disease that he has suffered post-joining of service and it is a curable disease.

It was further stated that a person after joining service may become incompetent to complete basic training while on duty and account of reasons beyond his control like an accident during the movement of Force from one place to another place, being attacked by militants etc. and in such circumstances, it cannot be concluded that a person who has fulfilled all the required parameters at the time of recruitment should be weeded out because after joining, on account of unavoidable circumstances, he has become unable to undergo basic training.

The decision of the Court:

The court disposed of the petition with the direction to respondents to sympathetically reconsider the case of the petitioner for any post other than the post of Constable.

Case Title: Amarnath Ram vs. Union of India and ors.

Coram: Hon’ble Mr. Justice Jagmohan Bansal

Case No.: CWP-26018-2017 (O&M)

Advocate for the Applicant: Mr. Deepak Jindal

Advocate for the Respondent: Ms. Anita Balyan

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