Madras High Court
T.Ezhilarasan vs The Deputy Inspector General ... on 5 February, 2021
W.A.(MD)No.283 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 05.02.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH
AND
THE HONOURABLE MRS. JUSTICE S.ANANTHI
W.A.(MD)No.283 of 2021
and CMP(MD) No.899 of 2021
T.Ezhilarasan :Appellant
Vs.
1.The Deputy Inspector General (Recruitment)
Directorate General CRPF
East Block – 07 Level 4
Sector 01
R.K.Puram
New Delhi
2.The Commandant
Regional Recruitment Centre,
Group Centre, CRPF
Avadi, Chennai.
3.The Deputy Inspector General
Recruitment Training Centre,
ITBP
Iluppakudi
Sivagangai District. : Respondents
1/8
http://www.judis.nic.in
W.A.(MD)No.283 of 2021
PRAYER: Appeal filed under Clause 15 of the Letters Patent against the
order of this Court in W.P.(MD) No.14640/2020 dated 10.12.2020.
For Appellant :Mr.P.Arun Jayatram
For Respondents : Ms.L.Victoria Gowri
Assistant Solicitor General
JUDGMENT
(Judgment of the Court was delivered by M.M.SUNDRESH, J.)
The Staff Selection Commission issued notification on 21.07.2018
calling for application for the post of Constables in the Central Armed
Police Force. The appellant was one of the candidate, who applied for the
post under the Scheduled Caste category. The appellant's candidature was
rejected having found medically not fit, as he was suffering from murmur in
heart. The appellant filed an appeal before the respondent No.3. The appeal
was rejected on the ground that he has not enclosed photograph and thumb
impression. The following is the operative portion of the order passed:
“2.In this connection it is intimated that the appeal
preferred by you is considered on merits for Review
http://www.judis.nic.in
W.A.(MD)No.283 of 2021
Medical Examination (RME) but your candidature for
the post of Constable /GD through Common Recruitment
of CAPFs for the year 2018 is rejected by the competent
authority on the following ground(s):
1.Photograph and thumb impression is not attested
by doctor.”
2. As the appellant was rejected not on merits but only on technical
ground, namely, the appellant has not produced photograph and thumb
impression attested by the Doctor, he approached the respondent No.2
requesting for reconsideration, after duly complied it. The respondent No.2
forwarded the papers to respondent No.3 indicating that the error committed
by the appellant has been rectified. By the impugned order, the respondent
No.3 once again rejected the appeal stating that the earlier appeal has
already been rejected and therefore, no further appeal would be entertained.
Challenging the same, the appellant filed writ petition. The learned Judge
dismissed the writ petition on the ground that the appellant has not
produced the medical fitness certificate from the concerned Doctor having
the requisite qualification.
http://www.judis.nic.in
W.A.(MD)No.283 of 2021
3. The learned counsel for the appellant submitted that the mistakes
have been rectified and they are procedural in nature. Subsequently
certificate has also been obtained from the very same Doctor, who is a
Senior Civil Surgeon working at the Thanjavur Medical College, Thanjavur.
The order of rejection on the first occasion is not on merits. The learned
Judge ought not to have gone into the issue of medical certificate, as the
same is not germane to the impugned order passed.
4. The learned Assistant Solicitor General appearing for the
respondents submitted that the entire process of selection is over. The
appellant committed an error. He has not produced the medical certificate,
which he seeks to rely upon. Therefore, the appeal deserves to be
dismissed, especially, considering the job that required to be done.
5. We are concerned with the validity of the impugned order before
us. Therefore, we are not expected to go into the fact as to whether the
appellant is fit enough to be appointed or not. It is only for the respondents
http://www.judis.nic.in
W.A.(MD)No.283 of 2021
to consider. In the impugned order, the respondent No.3 has declined to
consider the case of the appellant on the premise that the earlier appeal was
rejected. The earlier appeal was not rejected on merits, but only on the
ground of non furnishing of photograph and the thumb impression not being
attested by the appellant. Therefore, the question of not getting certificate
from the appropriate Doctor would not arise. The recommendation made
also indicates that the mistakes have been rectified.
6. The appellant, who belongs to Scheduled Caste Community, has
worked hard to reach this stage. Therefore, he deserves such chance to
convince the respondents that he is fit enough to be appointed. In such view
of the matter, we are of the view that the order of the learned Judge, requires
to be interfered with, as an issue, which is not germane has been taken into
consideration. Accordingly, we set aside the order of the learned Judge and
the impugned order passed with a direction to the respondent No.3 to
consider the appeal of the petitioner on his own merit and take a decision in
this regard with respect to the eligibility of the appellant to undertake the
job physically. We are not inclined to say anything on the mode of
http://www.judis.nic.in
W.A.(MD)No.283 of 2021
examination, which may also include a review by the Medical Board. The
procedure is something, which is in the realm of the respondents.
Accordingly, we direct the respondents to consider the appeal filed by the
appellant on merits and take a decision within six weeks from the date of
receipt of a copy of this judgment.
7. The writ appeal stands allowed accordingly. No costs.
Consequently connected Miscellaneous Petition is closed.
[M.M.S., J.] & [S.A.I, J.]
05.02.2021
Index : Yes/No
Internet : Yes
RR
http://www.judis.nic.in
W.A.(MD)No.283 of 2021
To
1.The Deputy Inspector General (Recruitment)
Directorate General CRPF
East Block – 07 Level 4
Sector 01
R.K.Puram
New Delhi
2.The Commandant
Regional Recruitment Centre,
Group Centre, CRPF
Avadi, Chennai.
3.The Deputy Inspector General
Recruitment Training Centre,
ITBP
Iluppakudi
Sivagangai District.
http://www.judis.nic.in
W.A.(MD)No.283 of 2021
M.M.SUNDRESH, J
AND
S.ANANTHI, J
RR
Order made in
W.A.(MD)No.283 of 2021
05.02.2021
http://www.judis.nic.in
