Rajasthan High Court - Jodhpur
Banwari Lal Godara vs Union Of India on 9 March, 2021
Bench: Dinesh Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 2601/2021
Banwari Lal Godara S/o Daulat Ram Godara, Aged About 23
Years, R/o Rangaisar, Tehsil Sardarshahar, Distt. Churu (Raj.).
----Petitioner
Versus
1. Union Of India, Through Secretary To The Government,
Ministry Of Home Affairs, Govt. Of India, New Delhi.
2. Staff Selection Commission, Through Its Chairman, Block
No. 12, CGO Complex, Lodhi Road, New Delhi 110003.
----Respondents
For Petitioner(s) : Mr. Suresh Joshi
For Respondent(s) : Mr. Mukesh Rajpurohit, ASG
JUSTICE DINESH MEHTA
Judgment
09/03/2021
1. The petitioner had applied for the post of Constable GD
pursuant to the recruitment notification dated 21.07.2018.
2. Having cleared the written examination, the petitioner was
subjected to medical examination by the respondents in which he
was found unfit for 'knock-knee' and a report dated 27.01.2020 of
Medical Board came to be issued in this regard.
3. The petitioner applied for Review Medical Board, in
furtherance whereof, he was examined by the Review Medical
Board and the Review Medical Board also found the petitioner to
be unfit for 'knock knee'.
(2 of 3) [CW-2601/2021]
4. The Review Medical Board, while finding the petitioner
medically unfit for 'knock knee' also found that the petitioner is
having 'divergent squint of both eyes'.
5. By way of the present writ petition, the petitioner has
challenged the rejection of his candidature, while placing heavy
reliance on a certificate dated 01.02.2020, issued by Medical
Officer DBH, PDU Medical College Churu.
6. Learned counsel for the petitioner argued that the
respondents have arbitrarily rejected the candidature of the
petitioner and found him unfit; whereas the petitioner is perfectly
fit, which is evident from the report dated 01.02.2020, given by
the Medical Officer of DBH, PDU Medical College, Churu.
7. Mr. Suresh Joshi, learned counsel for the petitioner also
argued that the Medical Board had found the petitioner unfit for
knock knee, whereas the Review Medical Board has added more
deformity in relation to his eyes, which shows inconsistency of the
respondents.
8. Mr. Mukesh Rajpurohit, learned Assistant Solicitor General
appearing for the Union of India argued that the petitioner has
been found unfit by the Medical Board so also the Review Medical
Board, as he is having deformity in his knee and, thus, this Court
should not interfere in the matter. He relied upon the Division
Bench Judgment dated 09.11.2017, passed in the case of
Hanuman Lal Jat Vs. Secretary, Ministry of Home Affairs, BSF &
Ors. (D.B. Special Appeal Writ No.1259/2017) and argued that
this Court cannot sit over the opinion of the experts.
9. Heard.
(3 of 3) [CW-2601/2021]
10. Having medically examined the petitioner, both - the Medical
Board and the Review Medical Board have found him unfit for
knock knee, while the Review Medical Board also found the
petitioner unfit on the ground of squint eyes. In any case, he has
been found unfit for 'knock knee' by both the Boards.
11. In the opinion of this Court, suitability of a candidate is to be
determined by the respondents and their Medical Officers. This
Court would normally not venture into the exercise of checking
fitness of a candidate or issue directions to carry out medical
examination of a candidate, unless substantial evidence is brought
on record, creating doubt about the assessment made by the
Medical Board/Review Medical Board.
12. Nothing of substance has been brought to the notice of the
Court, warranting interference in the extra-ordinary jurisdiction of
this Court. There is no material/evidence to doubt the report so
furnished by the respondents.
13. In light of the discussion aforesaid and in light of the
judgment of Division Bench in Hanuman Lal Jat (supra), this Court
is not pursuaded to order for medical examination de novo.
14. The writ petition is, therefore, dismissed.
15. Stay petition also stands dismissed accordingly.
(DINESH MEHTA),J
43-Ramesh/-
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