Vinod Kumar Dhayal vs Boarder Security Force And Ors. ...
2023 Latest Caselaw 5874 Raj

[2023:RJ-JD:25695]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 2194/2016

Vinod Kumar Dhayal S/o Sh. Ganpatlal Dhayal, aged about 26 years, R/o Pachar Via Khalliyawas, Tehsil Dataramgarh, District Sikar, Raj.

----Petitioner Versus

1. Boarder Security Force through Director General, BSF Headquarter, Mandore Road, Jodhpur.

2. The Deputy Commandant, Training Centre, BSF, Jodhpur.

3. Staff Selection Commission, Northern Region, Block No.12, CGO Complex, New Delhi.

----Respondent

For Petitioner(s) : None present For Respondent(s) : Mr. Prakash Raika for Mr. Mukesh Rajpurohit, Dy.S.G.

JUSTICE DINESH MEHTA

Order

14/08/2023

1. By way of the present writ petition, the petitioner has prayed

that he be declared medically fit and direction be issued to the

respondents to give him appointment on the post of Constable

(GD).

2. Nobody appears on behalf of the petitioner.

3. A perusal of the record reveals that the petitioner was found

medically unfit by the respondents vide report dated 14.03.2014,

against which the petitioner preferred an appeal and the Appellate

Board has also found him to be unfit, as is evident from the

communication dated 20.08.2014.

[2023:RJ-JD:25695] (2 of 2) [CW-2194/2016]

4. The petition was filed in the year 2016 and no interim order

was passed.

5. In normal circumstances, report given by the Medical Board

is to be believed, unless the petitioner points out any shocking

infirmity in the petitioner's assessment, in the light of the

judgment dated 09.11.2017 rendered by the Division Bench at

Jaipur Bench in the case of Hanuman Lal Jat vs. Secretary,

Ministry of Home Affairs & Ors. : D.B. Speciail Appeal Writ

No. 1259/2017.

6. In view of the aforesaid and considering that the recruitment

relates to year 2013, even if any substance is found in petitioner's

contention, no relief can be granted.

7. The writ petition is, therefore, dismissed.

8. Stay application also stands dismissed.

(DINESH MEHTA),J 165-Mak/-

Powered by TCPDF (www.tcpdf.org)