Central Reserve Force And Anr vs Asfak Hawaldhar S/O Abbas Ali ...
2021 Latest Caselaw 3545 Kant

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         IN THE HIGH COURT OF KARNATAKA
                KALABURAGI BENCH

     DATED THIS THE 27TH DAY OF OCTOBER 2021

                         PRESENT

        THE HON'BLE MR.JUSTICE R. DEVDAS
                            AND
 THE HON'BLE MR.JUSTICE RAJENDRA BADAMIKAR

         WRIT APPEAL No.200157/2021 (S-RES)


BETWEEN:

1.    Central Reserve Force
      (Recruitment Branch)
      By its Director General
      East Block-07, Level-4
      Sector-01, RK Puram
      New Delhi-110 066

2.    Central Reserve Force
      Bengaluru Group Centre
      CRPF, Doddaballapur
      Yelahanka
      Bengaluru-560 064

3.    Review Medical Examination Board
      By its member, Central Reserve Force
      Bengaluru Group Centre
      CRPF, Doddaballapur
      Yelahanka
      Bengaluru-560 064
                                             ... Appellants

(By Sri Sudhir Singh R. Vijapur, ASGI)
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AND:

Sri Asfak Hawaldhar
S/o Abbas Ali Hawaldhar
Aged 23 years
R/o Honawadi -586130
Taluka & District: Vijayapur
Karnataka
                                             ... Respondent

(By Sri Mahantesh Patil, Advocate)

     This Writ Appeal is filed under Section 4 of the
Karnataka High Court Act, praying to allow this appeal and
set aside the order dated 15.03.2021 made in
W.P.No.226973/2020 (S-RES) whereby uphold the Review
Medical Examination order dated 29.09.2020.

     This appeal coming on for           orders   this   day,
R. Devdas J., delivered the following:

                       JUDGMENT

R. DEVDAS J., (ORAL):

The appellants - Central Reserve Force are before

this Court being aggrieved by the impugned order dated

15.03.2021 in W.P.No.226973/2020.

2. The respondent herein who had applied for the

post of Constable (GD) in CRPF, in the year 2018 was

aggrieved by non-consideration of his application on the

ground that he suffered from Deviated Nasal Spectrum

(DNS) in his nose. Therefore, the respondent had

approached this Court in W.P.No.226973/2020. The

learned Single Judge noticed that there was divergent

finding given by the Review Medical Examination Board

and by the doctors at Bowring Hospital, Bengaluru.

Therefore, the writ petition was disposed of directing the

appellants herein to examine the respondent herein by a

competent medical board and thereafter proceed in

accordance with law.

3. During the course of these proceedings, the

learned counsel for the respondent has furnished copies

of orders passed by a learned Single Judge of this court

sitting at Dharwad Bench in W.P.Nos.148499/2020

dated 20.04.2021, W.P.No.148559/2020 dated

20.04.2021, W.P.No.148501/2020 dated 20.04.2021

and W.P.No.148562/2020 dated 20.04.2021. It is

submitted that under a similar circumstance, learned

Single Judge directed that the petitioners therein shall

be re-evaluated by the CRPF Medical Board, keeping in

view the medical report submitted by the District

Surgeon, BIMS Hospital, Belagavi. The learned counsel

for the respondent therefore seeks similar direction.

4. Per contra, learned Assistant Solicitor

General of India, appearing for the appellants would

submit that the prayer made by the petitioner and the

directions given by the learned Single Judge in the

impugned order is that the respondent shall be

examined by an independent Medical Board preferably

by a Government Hospital. This according to the

learned Assistant Solicitor General of India, will be in

contravention with the procedure prescribed in the

recruitment notification.

5. Having heard the learned Assistant Solicitor

General of India for the appellants and the learned

counsel for the respondent, this court finds that the

direction given by the learned Single Judge in all the

four writ petitions cited above, has been complied by the

appellants herein by re-evaluating the petitioners

therein by the CRPF Medical Board. In that view of the

matter, the respondent is also required to be given the

same benefit.

6. Consequently, the order of the learned Single

Judge stands modified, directing that the respondent

herein shall be re-evaluated at the hands of the CRPF

Medical Board, as was done in the case of the

petitioners in the aforesaid four writ petitions, filed at

Dharwad Bench.

7. The respondent shall appear before the

CRPF Medical Board, Bengaluru on 16.11.2021 at

11.00 a.m. The appellants shall ensure that the re-

evaluation of the respondent shall be conducted as

directed hereinabove keeping in view the medical report

of the Bowring Hospital, Bengaluru, and take further

decision in the matter after the opinion is given by the

CRPF Medical Report. If the respondent is found fit and

eligible for appointment, his seniority shall be fixed in

the batch in which he was qualified. The entire exercise

shall be completed within a period of four weeks from

the date of examination of the respondent by the CRPF

Medical Board.

Writ appeal is disposed of accordingly.

Consequent to the disposal of the main petition,

I.A.No.3/2021 also stands disposed of.

Sd/-

JUDGE

Sd/-

JUDGE

Swk/BL