Rajasthan High Court - Jodhpur
Narender Kumar vs Union Of India And Anr on 23 November, 2021
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 11192/2015
Narender Kumar S/o Shri Ramesh Kumar, aged about 20 years,
R/o VPO Palhawash, District Rewari, Haryana
----Petitioner
Versus
1. Union Of India through its Secrwetary, Ministry of Home
Affairs, North Block, New Delhi
2. The Border Security Force through the Director General, CGO
complex, New Delhi
----Respondents
For Petitioner(s) : Dr. Nupur Bhati
For Respondent(s) : Mr. Mukesh Rajpurohit, A.S.G.
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment
23/11/2021
The matter comes up for consideration of application
No.1/2018 preferred on behalf of the petitioner for early listing of
the writ petition. Though by efflux of time, the application
rendered infeructuous, however, with the consent of the learned
counsel for the parties, the matter is heard finally.
The petitioner has challenged the action of the respondents
of declaring him unfit for appointment on the post of Constable
(Sweeper) as his colour vision was abnormal.
After the report of the Medical Board, a Review Medical
Board was constituted, however, the Review Medical Board has
also opined that the petitioner is unfit for appointment on the post
of Constable (Sweeper) in the Border Security Force.
(2 of 4) [CW-11192/2015]
Learned counsel for the petitioner has submitted that the
petitioner got himself examined in a specialized eye hospital at
Rewari, Haryana and as per the report of the said hospital
Annexure-P/6, he was fit for appointment on the post of Constable
(Sweeper). Learned counsel for the petitioner has further
submitted that similarly situated persons have also been provided
appointment by the Border Security Force on the post of
Constable (Sweeper), however, no such details regarding
appointment of those persons have been given.
Learned counsel for the petitioner has prayed that the writ
petition may be allowed and the respondents may be directed to
appoint the petitioner on the post of Constable (Sweeper)
pursuant to the advertisement issued in the year 2014 with all
consequential benefits.
Per contra, Mr. Mukesh Rajpurohit, ASG appearing for the
respondents has vehemently opposed the writ petition and argued
that in the facts and circumstances of the case, the petitioner is
not entitled to get any relief. It is further submitted that the
Medical Board as well as the Review Medical Board have found
that the petitioner is not fit for appointment on the post of
Constable (Sweeper) in the Border Security Force and there is no
reason to disbelieve the opinion given by the Review Medical
Board. Mr. Rajpurohit, ASG has placed reliance on a decision of
Division Bench of this Court at Jaipur in D.B. Civil Special Appeal
No.1259/2017 (Hanuman Lal Jat Vs. Secretary, Ministry of Home
Affairs, BSF, New Delhi) decided on 9.11.2017, wherein the
Division Bench of this Court has held that the Courts do not hold
any expertise on the subject matter and the report of the Medical
Board has to be given its due precedence. Learned counsel for
(3 of 4) [CW-11192/2015]
the respondents has, therefore, submitted that as the Medical
Boards have clearly opined that the petitioner is not entitled to be
appointed on the post of Constable (Sweeper) because his colour
vision is abnormal, the respondents have rightly denied to give
appointment to the petitioner.
Heard learned counsel for the parties and perused the
material available on record.
The Medical Board as well as Review Medical Board
constituted by the respondents have clearly opined that the
petitioner is unfit for appointment on the post of Constable
(Sweeper). Though the petitioner has produced certificate /
report of a private hospital of Rewari, Haryana declaring that his
colour vision is normal, but it is nowhere mentioned that he is fit
to be appointed on the post of Constable (Sweeper) in the Border
Security Force.
The Division Bench in the case of Hanuman Lal Jat (supra)
has held as under:-
The Ld. Single Judge taking note of report of the Review
Medical Board was not inclined to interfere in its
equitable jurisdiction u/Art.26 of the Constitution and
after we have heard counsel for the appellant we too
are of the view that this Court does not hold any
expertise on the subject and report of the Medical Board
has to be given its due precedence and that apart it is
not case of the appellant that the Medical Board or the
Review Medical Board was not constituted as per the
mandate/ requirement of law or either Member of the
Board was biased, in absence whereof what being
observed by the Medical Board in its report has to be
given its due credence/precendence and we find no
reason to interfere unless there is contemporary
evidence on record to the contrary and the appellant
placed reliance on the certificate issued by a doctor of
JLN Hospital, Ajmer who even does not know the kind of
job which a constable has to discharge in Border
(4 of 4) [CW-11192/2015]
Security Force and his opinion regarding medical fitness
will not supersede the view which the Medical Board or
the Review Medical Board has expressed & considered
by the Ld. Single Judge under its order impugned."
In view of above discussions, when the Court does not hold
any expertise on the subject and no contrary material is available
on record, I am unable to grant the relief prayed for by the
petitioner in this writ petition.
Hence, this writ petition is hereby dismissed. The stay
petition is also dismissed.
(VIJAY BISHNOI),J
32-Babulal/-
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