Babban Kumar vs Union Of U.P. & Others
2012 Latest Caselaw 3925 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 39
 

 
Case :- WRIT - A No. - 43079 of 2012
 

 
Petitioner :- Babban Kumar
 
Respondent :- Union Of U.P. & Others
 
Petitioner Counsel :- Bharat Singh "Pankaj",Rajesh Kumar
 
Respondent Counsel :- A.S.G.I.
 

 
Hon'ble Krishna Murari, J.

Heard learned counsel for the petitioner and Sri R. B. Singhal, learned Senior Advocate, assisted by Sri Anil Kumar Tewari, appearing for the respondents.

The petitioner was an applicant for the post of Constable/tradesman, in the Central Reserve Police Force in pursuance of an advertisement issued on 14.11.2011. As per requirement, the petitioner appeared in the physical fitness which was held on  23.01.2012 at Allahabad. Medical Board found him unfit on account of being over-weight and cubitus volgus. He was informed about the same on the same day vide letter dated 11.04.2012. It was further mentioned in the letter that if he chooses to file an appeal against the findings of medical examination, he may apply for review medical examination after obtaining necessary medical certificate from the medical practitioner on the prescribed format along with the Bank Draft of Rs.25/- within 15 days from the date of medical examination. The petitioner vide letter dated 13.04.2012 requested the authorities to conduct re-medical examination but he did not file an appeal in the prescribed format nor did he obtained fitness certificate which was the mandatory requirement of  filing an appeal. The appeal being defective was rightly rejected vide order dated 22.05.2012. Aggrieved by the same, the petitioner has approached this Court.

There is no material on record of the writ petition to indicate that any appeal in the prescribed format was preferred by the petitioner against the findings of the medical examination declaring him unfit. For review of the same, one of the essential requirement was medical certificate from the registered medical practitioner as per format CAPFs certifying that he was medically fit and it was only thereafter the authorities could have directed for re-medical examination of the petitioner.

Since the appeal filed by the petitioner was not in the prescribed format and did not accompany the required documents, the same has rightly been rejected and the impugned order does not call for any interference.

The writ petition accordingly fails and stands dismissed.

Order Date :- 3.9.2012

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