(Pankaj Kumar Lal vs . Union Of India & Ors.)
2021 Latest Caselaw 2594 Jhar

                   IN THE HIGH COURT OF JHARKHAND AT RANCHI
                               W.P. (S) No. 308 of 2021
                    (Pankaj Kumar Lal Vs. Union of India & Ors.)

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                    CORAM:        THE HON'BLE MR. JUSTICE DR. S.N.PATHAK
                                 (Through: Video Conferencing)
                 For the Petitioners         : Mr. Shresth Gautam, Advocate
                 For the Respondents         : Mr. Neeraj Kumar, JC to ASGI
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05/ 28.07.2021       Heard the parties.

Learned counsel for the petitioner submits that as per the Rules, specialist opinion is not required for applying for re-medical examination. He draws the attention of this Court towards the order passed by the Hon'ble High Court of Judicature at Allahabad in Writ-A No.5049 of 2020 with analogous cases, wherein the essential ingredients of Clause 9 (E) has been summarized thus:

A. Candidate preferring appeal had to produce Medical Certificate as a piece of evidence about the possibility of an error of judgment in the decision of Initial Medical Board/Recruiting Medical Officer, who had examined the candidate in the first instance.

B. Such Medical Certificate would be taken into consideration only if it contains a note by the medical officer from Government District Hospital or above along with registration number given by MCI/State Medical Council, to the effect that it has been given in full knowledge of the fact that the candidate had already been rejected and declared unfit for service by CAPF Medical Board, or the recruiting medical Officer.

C. If the appeal is accepted by CAPF Appellate Authority, the candidate's review medical examination will be conducted by CAPF RME Board.

D. The decision of the review medical board would be final.

He further submits that from perusal of the Clause 9 (E) of the recruitment scheme, it is crystal clear that medical certificates are required to be annexed with the appeal, should be by the medical officer of Government District Hospital or above only. In the said Clause, it is not mentioned that Medical Officer who issued certificate should be specialized in the field. It has been further disclosed therein that the candidates were required to submit medical certificate from a medical practitioner who should be specialized medical officer of

Government District Hospital and above as per Form No.3.

Since, no counter-affidavit has been filed, the respondents are directed to file the same, within a period of four weeks.

Put up this case thereafter.

(Dr. S.N. Pathak, J.) punit/-