Jasar .E vs Union Of India
2021 Latest Caselaw 10917 Ker

W.P.(C).No.26287/2020
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             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

            THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

WEDNESDAY, THE 07TH DAY OF APRIL 2021 / 17TH CHAITHRA, 1943

                        WP(C).No.26287 OF 2020(I)


PETITIONER:

                JASAR .E,
                AGED 27 YEARS
                S/O JALALUDHEEN E, RESIDING AT ELAMBILASSERI,
                MAMBATTUMOOLA P.O.MALAPPURAM, KERALA-679 332.

                BY ADVS.
                SRI.NAVOD PRASANNAN PATTALI
                SRI.K.V.KRISHNAKUMAR

RESPONDENTS:

        1       UNION OF INDIA
                REPRESENTED BY ITS SECRETARY, MINISTRY OF
                PERSONNEL, PUBLIC GRIEVANCE AND PENSION,
                DEPARTMENT OF PERSONAL AND TRAINING, NORTH
                BLOCK, NEW DELHI-110 001.

        2       MINISTRY OF HOME AFFAIRS,
                REPRESENTED BY ITS SECRETARY, NORTH BLOCK, NEW
                DELHI-110 001.

        3       STAFF SELECTION COMMISSION.
                REPRESENTED BY ITS REGIONAL DIRECTOR (KKR), 1ST
                FLOOR, E WING , KENDRIYA SADAN, KORAMANGALA,
                BENGALURU, KARNATAKA-560 034.

        4       CENTRAL ARMED POLICE FORCES,
                REPRESENTED BY JOINT SECRETARY, (COORDINATION
                AND INTERNATIONAL COOPERATION), MINISTRY OF
                HOME AFFAIRS, NORTH BLOCK, NEW DELHI-110 001.
 W.P.(C).No.26287/2020
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        5       DIRECTORATE GENERAL,
                CENTRAL RESERVE POLICE FORCE (RECRUITMENT
                BRANCH), EAST BLOCK-07, LEVEL-04, SECTOR-01,
                R.K.PURAM,
                NEW DELHI-110 066.

        6       INSPECTOR GENERAL,
                FRONTIER HEAD QUARTERS, BORDER SECURITY FORCE,
                YELAHANKA P.O.BANGALORE, KARNATAKA-560 064.


        7       APPELLATE AUTHORITY BOARD,
                REPRESENTED BY ITS PRESIDING OFFICER, INSPECTOR
                GENERAL, FRONTIER HEAD QUARTERS, BORDER
                SECURITY FORCE, YELAHANKA P.O.BANGALORE,
                KARNATAKA-560 064.

        8       COMMANDANT,
                HQR 162 BN, BORDER SECURITY FORCE, KAINUR CAMP,
                MULAYAM P.O.THRISSUR, KERALA-680 751.

        9       DETAILED MEDICAL BOARD,
                REPRESENTED BY ITS PRESIDING OFFICER,
                CONSTABLES (GD) EXAMINATION, 2018, GROUP
                CENTRE, HQR 162 BN, BORDER SECURITY FORCE,
                KAINUR CAMP,
                MULAYAM P.O.THRISSUR, KERALA-680 751.

                R1-9 BY ADV. SRI.K.SUDHINKUMAR

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
26-02-2021, THE COURT ON 07-04-2021 DELIVERED THE FOLLOWING:
 W.P.(C).No.26287/2020
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                                    JUDGMENT

Dated this the 7th day of April 2021

1. The writ petition is filed seeking the following reliefs:-

"i. call for Records leading to Ext. P5 issued by the 7 th Respondent and issue a Writ of Certiorari or such other writ or order or direction, quashing Ext. P5 issued by the 7th Respondent; ii. Issue a writ of Mandamus or such other writ or order or direction, directing Respondents 3 to 7 to accept the Appeal of the Petitioner and to constitute a Medical Board consisting of combatised medical officers and independent experts from Government Medical College. Trivandrum for conducting Medical Examination of the Petitioner;

iii. Issue a writ of Mandamus or such other writ or order or direction, directing Respondents 3 to 6 to issue e-admit cards to the Petitioner for attending the newly constituted Medical Board and permit the Petitioner to attend the newly constituted Medical Board for medical examination for the medical condition; iv. Issue a writ of Mandamus or such other writ or order or direction, directing 3rd Respondent to stay the publication of the merit list of the successful candidates until the report of the medical examination is issued;

v. Issue a writ of Mandamus or such other writ or order or direction, directing 3rd Respondent to permit the Petitioner in further selection Process of Constable (GD) I , in CAPF's, NIA, SSF and Rifleman (GD) in Assam Rifles Examination - 2018, if the Petitioner is found to be FIT in medical examination;

vi. Declare that the Petitioner had qualified in the Medical Examination;

W.P.(C).No.26287/2020

vii. Issue a writ of Mandamus or such other writ or order or direction, directing 3rd Respondent to include the Petitioner in the final list along with force allocation of the Petitioner."

2. Heard the learned counsel for the petitioner and the learned

Central Government Counsel appearing for the respondents.

3. It is submitted that the petitioner was an applicant for the

post of Constable (GD) in the Central Armed Police Forces,

NIA & SSF and Rifleman (GD) in Assam Rifles Examination

conducted pursuant to a notification issued in 2018. The

petitioner was disqualified in the detailed medical examination

and found unfit on the ground of knock knee. It is submitted

that he has submitted an appeal seeking examination by a

Review Medical Board and had paid the requisite fees for the

appeal by Demand Draft. It is submitted that on the ground

that the Demand Draft was not received along with the appeal

submitted by the petitioner, the petitioner's appeal was not

considered and no Review Medical Examination was

conducted in this case. In view of the fact that I have directed

further Review Medical Examinations in the case of many of

the candidates and in view of the fact that Exhibit P6 would W.P.(C).No.26287/2020

show that the petitioner had taken out Demand Draft for the

fee to accompany the appeal, I am of the opinion that the

appeal preferred by the petitioner deserves a consideration.

In the above view of the matter, there will be a direction to the

respondents to consider the appeal preferred by the petitioner

against the Detailed Medical Examination and to conduct a

Review Medical Examination to consider whether the

petitioner is fit to join the force; in case the petitioner has the

cut off marks fixed for selection. The Review Medical

Examination shall be conducted along with the Review

Medical Examinations directed to be conducted by the orders

of the Court in the batch of writ petitions. The Review Medical

Board shall clearly record the reasons for its finding and

convey the result of the same to the petitioner and continue

with the selection process. The petitioner shall produce a copy

of the writ petition before the Review Medical Board in

evidence of his contentions.

Writ petition is ordered accordingly.

sd/-

Anu Sivaraman, Judge

sj W.P.(C).No.26287/2020

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE E-ADMISSION CERTIFICATE DATED NIL ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER

EXHIBIT P2 TRUE COPY OF THE E-ADMIR CARD ISSUED TO THE PETITIONER FOR THE PHYSICAL STANDARD TEST & PHYSICAL EFFECIENCY TEST DATED NIL ISSUED BY THE 5TH RESPONDENT

EXHIBIT P3 TRUE COPY OF THE CANDIDATES COPY OF THE PHYSICAL STANDARD TEST & PHYSICAL EFFECIENCY TEST FOR CONSTABLE (GD) IN CAPFS FOR THE YEAR 2018 NIL OF THE PETITIONER ISSUED BY THE 8TH RESPONDENT

EXHIBIT P4 TRUE COPY OF THE MEDICAL FITNESS CERTIFICATE DATED 24.1.2020 SUBMITTED BY THE PETITIONER ALONG WITH APPEAL TO THE 6TH RESPONDENT

EXHIBIT P5 TRUE COPY OF THE COMMUNICATION DATED 17.3.2020 ISSUED BY THE 7TH RESPONDENT TO THE PETITIONER

EXHIBIT P6 TRUE COPY OF THE DEMAND DRAFT ISSUED BY STATE BANK OF INDIA DRAWN IN FAVOUR OF IG FTR HQ BSF (SPL OPS) BANGALORE DATED 27.1.2020 RESPONDENT'S EXHIBITS

EXHIBIT R6(A) TRUE COPY OF THE DETAILED MEDICAL EXAMINATION MEMORANDUM DATED 22.1.2020 EXHIBIT R6(B) TRUE COPY OF THE RELEVANT PAGES OF THE REGISTER OF APPEALS

True Copy

PS To Judge