Allahabad High Court
Hemant Kumar Yadav vs Union Of India And 2 Others on 17 April, 2015
Bench: Vivek Kumar Birla
HIGH COURT OF JUDICATURE AT ALLAHABAD
?AFR
Court No. - 33
Case :- WRIT - A No. - 21111 of 2015
Petitioner :- Hemant Kumar Yadav
Respondent :- Union Of India And 2 Others
Counsel for Petitioner :- Aishwarya Pratap Singh
Counsel for Respondent :- A.S.G.I.
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner as well as Sri Gyan Prakash, learned A.S.G.I. appearing for the respondents and have perused the record.
The petitioner has applied for the post of Constable (Technical/Tradesman) against the advertisement published in the year 2013. The petitioner appeared for physical test in the year 2013 and subsequently after having declared successful in the written examination, he was called upon to appear in the medical test. Accordingly, the petitioner appeared for medical fitness test on 6.2.2014 in which he was declared unfit on the ground that he has defective distance vision. The petitioner appealed the same and appeared on 12.4.2014 for review medical examination held for unfit candidates. Again the petitioner was declared unfit by the Review Medical Board consisting of three doctors.
The present petition has been filed with the following prayers:
i. Issue a writ, order or direction in the nature of Mandamus directing the Respondent Authorities to reconsider the applicant/petitioner on the post of Constable (technical/Tradesman) in the selection of Constable (technical/Tradesman) Recruitment 2014-15 & to further re-evaluate the medical fitness.
ii. Issue writ, order or direction in the nature of Mandamus directing the Respondent Authorities to conduct a Re-Medical Fitness Test from an Independent Government Medical Practitioner so that the differences in the medical reports may be struck down and the true report with respect to the medical fitness of the petitioner may be given way.
iii. Issue any other writ, order or direction which this Hon'ble Court may deemt fit and proper under the facts and circumstances of the case.
iv. Award the cost of the present writ petition.
Sri Gyan Prakash, learned Additional Solicitor General of India appearing for the respondents placing reliance on various decisions of this Court submits that no relief can now be granted to the petitioner in view of the various decisions of this Court passed in Writ Petitions No. 51389 of 2012, 4537 of 2013, 25567 of 2013, 47120 of 2013, 26366 of 2014, 27268 of 2014, 17874 of 2015 and Writ Petition No. 15086 of 2015 (Randheer Singh vs. Union of India and others) decided on 25.3.2015.
The case of the petitioner is that since three different results of medical test have come; one, when he had appeared for medical test on 6.2.2014, second, when he was tested by the Chief Medical Officer on 10.2.2014 and was found fit and the result dated 12.4.2014 when he was declared unfit by the Review Medical Board consisting of three doctors, as such, under such circumstances he is entitled for re-medical fitness test. The petitioner has relied on a decision of a Division Bench of this Court dated 21.11.2007 passed in Special Appeal No. 1573 of 2007 (Arvind Kumar Sonkar vs. State of UP and others) along with connected petitions, in which a direction for constitution of Medical Board consisting of three members was given.
In my view, the said judgement is not applicable in the present case, as in the said case the petitioners/appellants were working for more than three years and their service were discontinued on the ground of medical disefficiency. In the present case, the petitioner is being tested medically at the entry level itself and has also been examined by the Review Medical Board consisting of three members, therefore, on facts also the petitioner is not entitled for relief.
This Court is of the opinion that law only contemplates one review/appeal of the medical examination, which the petitioner has already availed and was again found unfit. Consequently, the prayer as sought by the petitioner cannot be granted. As such, no direction can be issued to the respondents to give the petitioner another chance to appear before the Medical Board.
This writ petition is accordingly dismissed. No order as to costs.
Order Date :- 17.4.2015
aBhiSheK
