Shammi Kumar vs State Of H.P. And Others
2021 Latest Caselaw 3445 HP

                                            1

             HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                                C.W.P. No. 2218 of 2021

                                                Date of decision: 03.08.2021

    Shammi Kumar                                                         ...Petitioner




                                                                                 .

                                      Versus





    State of H.P. and others                      ...Respondents
    ____________________________________________________
    Coram:
    The Hon'ble Mr. Justice Ravi Malimath, Acting Chief Justice





    The Hon'ble Ms. Justice Jyotsna Rewal Dua, Judge

    Whether approved for reporting1 :

    For the Petitioner(s):            Mr. Goldy Kumar, Advocate.

    For the Respondents:              Mr. Ashok Sharma, Advocate General,
                                      with Mr. Ranjan Sharma, Mr. Vikas
                                      Rathore Ms.Ritta Goswami, Additional
                                      Advocates General and Ms. Seema



                                      Sharma, Deputy Advocate General.

                         Through Video Conference




    ____________________________________________________
    Jyotsna Rewal Dua,J.

Petitioner is aggrieved by the rejection of his

candidature by the respondents vide communication dated

11.09.2018 for the post of Police Constable in the recruitment

process undertaken by them in the year 2017-18.

2. The petitioner participated in the recruitment process

undertaken by the respondents during the year 2017 for filling

various posts of Police Constables. According to the petitioner, he

Whether Reporters of local newspaper are permitted to see the judgment ?

qualified the written examination as well as personality test. His

name appeared in the list of selected candidates. His medical

examination was conducted by the Medical Board at Indira

Gandhi Medical College and Hospital, Shimla. The Medical Board

.

opined as under :-

"On 22.06.2018, the Medical Board has medically examined Sh.

Shammi Kumar, S/O Sh. Daulat Ram ; and is of the opinion that at present, he has structural abnormality diagnosed as "congenital th shortening/hypoplaisa bilateral 4 metatarsal". Presently, he is asymptomatic; and there is no functional disability to perform his duties efficiently and continuously as police constable."

petitioner's

candidature for

Pursuant to this report, the respondents rejected

appointment as Constable in

Himachal Pradesh Police on 11.09.2018. Petitioner assails

rejection of his candidature in the instant petition filed almost

three years later.

3. Learned counsel for the petitioner submits that the

Medical Board had found no functional disability in the petitioner

for performing his duties, therefore, respondents could not have

rejected petitioner's candidature.

4. The documents appended with the writ petition make

it evident that the petitioner was initially medically examined at

Zonal Hospital Dharamshala, District Kangra, H.P. and was

declared temporary unfit due to "Hypoplaisa Bilateral 4th

metatarsal". On petitioner's request, the respondents referred him

again for medical examination before the State Medical Board at

Shimla where he was examined by the specialist(s). After his

medical examination, the Board was of the opinion that at that

time, the petitioner was asymptomatic and had no functional

disability, but had congenital shortening hypoplaisa bilateral 4 th

.

metatarsal".

The Medical Board did not find the petitioner to be

completely fit. Considering the fact that recruitment in question

was for the posts of Constable in Himachal Pradesh Police, we

find that the recruitment authority was well within its right to reject

the candidature of the petitioner in terms of applicable Police

Rules. Therefore, we find no ground to interfere with the

impugned order. The writ petition is rejected. Pending

applications, if any, also stand disposed off.

( Ravi Malimath )

Acting Chief Justice

3rd August, 2021 (K) ( Jyotsna Rewal Dua ) Judge