Mahantesh Basappa Kadrolli vs The Staff Selection Commission
2022 Latest Caselaw 2080 Kant

                            1




            IN THE HIGH COURT OF KARNATAKA
                    DHARWAD BENCH

        DATED THIS THE 9th DAY OF FEBRUARY 2022

                         BEFORE

      THE HON'BLE MR. JUSTICE B.M. SHYAM PRASAD

          Writ Petition No.100205/2022 (GM-RES)

BETWEEN

MAHANTESH BASAPPA KADROLLI
AGE. 25 YEARS,
OCC. NIL,
R/O. KADAPANALA,
POST. HOLENAGLAPUR,
KITTUR-591115,
TQ. KITTUR, DIST. BELAGAVI.              ...PETITIONER

(BY SRI. PRUTHVI K S, ADVOCATE)

AND

1. THE STAFF SELECTION COMMISSION
   (KARNATAKA, KERAL AND LAKSHADWEEP)
   R/BY ITS REGIONAL DIRECTOR (KKR)
   KENDRIYA SADAN, 1ST FLOOR,
   E WING, 2ND BLOCK,
   KORAMANGALA,
   BENGALURU-560034

2. THE STAFF SELECTION COMMISSION
   (NORTHERN REGION)
   R/BY ITS CHAIRMAN,
   BLOCK NO.12, 5TH FLOOR,
   CGO COMPLEX, LODHI ROAD,
   NEW DELHI-110003
                               2




3. THE DIRECTORATE GENERAL,
   CENTRAL RESERVE POLICE FORCE
   (RECRUITMENT BRANCH)
   EASTERN BLOCK-07,
   LEVEL-04, SECTOR-01,
   R.K. PURAM, NEW DELHI-110006.

4. THE DIRECTORATE GENERAL (RECRUITMENT)
   CRPF BENGALURU,
   GROUP CENTRE, CRPF,
   DODDABALLAPUR ROAD,
   YELAHANKA, BENGALURU,
   DIST. BENGALURU-560034

5. THE REVIEW MEDICAL EXAMINATION BOARD,
   CRPF CH BENGALURU
   COMPOSITE HOSPITAL, CRPF,
   YELAHANKA, BENGALURU-560064
                                      ...RESPONDENTS

(BY SRI. SHIVARAJ S.BALLOLI, ADVOCATE)


       THIS WRIT PETITION   IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A
WRIT IN THE NATURE OF MANDAMUS BY DIRECTING THE
RESPONDENTS TO RE-EVALUATE THE PETITIONER KEEPING IN
VIEW    OF   MEDICAL   REPORT     SUBMITTED   BY   THE   BIMS
HOSPITAL BELAGAVI DATED 03.01.2020 AND 07.02.2020 VIDE
ANNEXURE-E AND E1 AND TAKE FURTHER DECISION IN THE
MATTER BY FIXING THE DATE BEFORE THE ADMINISTRATIVE
HOSPITAL OF CRPF HOSPITAL BENGALURU.


       THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
                               3




                           ORDER

The petitioner, who is unsuccessful in his participation

in the selection process for Constables with the Central

Armed Police Forces (General Duty), NIA & SSF and Riflemen

in Assam Rifles, has filed this petition for a direction to the

respondents to re-evaluate his physical fitness in the light of

the Medical Reports dated 03.01.2020 and 07.02.2020

furnished by a Senior Resident, Department of Orthopaedics,

Belagavi Institute of Medical Science, Belagavi, and to hold

further medical tests.

2. The undisputed facts are that the Staff Selection

Commission has published notification in the month of July

2018 about the conduct of an open examination for

recruitment to the posts of Constable as aforesaid. The

petitioner has participated in this selection process, and in

the Medical Examination held on 01.02.2020, the petitioner is

declared unfit because of the total amputation of distal

phalynx index finger of the left hand and because of

hypertension. The petitioner, with the issuance of this

certificate in Form No.1 in this regard, is also informed that,

in case he intends to prefer an appeal against the findings of

medical examination, he must file necessary application for

review of the medical examination in Form No.2 after

obtaining necessary medical certificate from a Specialist

Medical Officer of Government District Hospital in prescribed

Form within a period of fifteen days. This stipulation is in

consonance with Clause E of the Selection Notification which

reads as under:

"E. Review medical examination (RME): Ordinarily there is no right of appeal against the findings of the Recruiting Medical Officer or Initial Medical Examination. If any Medical Certificate is produced by a candidate 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 him/her in the first instance i.e. DME, an appeal can be accepted. Such Medical Certificate will not be taken into consideration unless it contains a note by the Medical Officer from Government District Hospital or above along with registration no. given by MCI/State Medical

Council, to the effect that it has been given in full knowledge of the fact that the candidate has already been rejected and declared unfit for service by CAPF Medical Board, or the recruiting medical officer. If the appeal of a candidate is accepted by CAPF Appellate Authority, his/her Review Medical Examination will be conducted by CAPF RME Board. The Decision of the CAPF's Review Medical Boards will be final. No appeal will be entertained against the finding of the second medical i.e. Review Medical Examination."

3. The learned counsel for the petitioner relies upon

two medical certificates dated 03.01.2020 and 07.02.2020 to

contend that the Review Medical Examination Board has

reiterated the earlier unfit certificate without considering the

certification by the Senior Resident of the Department of

Orthopaedics, Belagavi Institute of Medical Sciences,

Belagavi. These Certificates dated 03.01.2020 and

07.02.2020 are issued stating that the petitioner is fit. The

learned counsel for the petitioner submits that in very similar

circumstances, this Court has directed the Review Medical

Examination Board to consider the fitness certificate issued

by a Specialist from the Government Hospital. Therefore, this

Court must be persuaded to pass similar order in the present

petition.

4. However, Sri. Shivaraj S.Balloli, the learned

counsel for the respondents submits firstly, that the selection

process, in terms of the notification issued in the month of

July 2018 is completed, and the petitioner has not

approached the Court in time; secondly, that the petitioner is

informed of the decision of the Review Medical Board in the

month of September 2020 and the writ petition is filed in the

month of January 2022.

5. Sri. Shivaraj S.Balloli next submits that the

petitioner cannot seek for review medical examination relying

upon either of the Medical Certificate dated 03.01.2020 or

07.02.2020 because such certificates are not in conformity

with clause [E] as aforesaid which stipulates that a medical

certificate that should be enclosed with the appeal must

contain a note by the Medical Officer concerned viz., Medical

Officer from a Government Hospital or above; the note must

state that such medical certificates are given with the

knowledge that the petitioner's candidature has already been

rejected and the petitioner is declared unfit for services with

the respondents. The certificates relied upon by the

petitioner do not contain such certification, and in any event

the first of the certificates is dated 3.1.2020 which is prior to

the medical examination.

6. The learned counsel for the petitioner, in

rejoinder, is not able to controvert any of these submissions.

If the recruitment process is already completed and the

petitioner is not diligent, even if the petitioner had a good

case, the petitioner will not be entitled for any relief as he has

chosen not to agitate for his rights in time and there is no

explanation for the delay.

7. Further, it is obvious from Clause E, which is

extracted above, that the petitioner is informed that in the

event he wants to file an appeal against the medical

examination, he must enclose in the prescribed form a

medical certificate signed by the Medical Officer of the

Government Hospital and above stating that such certificate

is being issued with the knowledge that the petitioner's

candidature for recruitment is rejected on the ground that he

is found unfit. The certificates relied upon by the petitioner,

as pointed out by Sri. Shivaraj S. Balloli, is found lacking

even in these regards.

Therefore, there is no reason for interference, and the

petition stands rejected accordingly.

Sd/-

JUDGE Kms