Telangana High Court

T.Ramulu vs Sri. V.V.Srinivasa Rao Ips on 8 July, 2025

  HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO


     WRIT PETITION Nos.6398, 6407, AND 6412 of 2024
        AND C.C.Nos.1141, 1149 AND 1150 of 2024


COMMON ORDER:

All these Writ Petitions are filed for the following

relief:

".....to issue an appropriate order or direction more particularly one in the nature of Writ of Mandamus to declare the action of the 4th respondent in not considering the proceedings of 3rd respondent vide No A3/Rect.- 4/DPO/MBNR/2024, date 19-02-2024 for consideration of petitioners re-medical examination as illegal, arbitrary and violative of Principles of natural justice as well as violative of Article 14,21 of constitution and India and consequently, direct the respondent No.4 forthwith to conduct re-medical examination of petitioners and pass ...."

2. Since the issue involved in all the Writ Petitions and

the Contempt cases is one and the same, they are being

disposed of by way of this Common Order.

3. Heard Sri Munuga Sateesh, learned counsel for the

petitioners, learned Government Pleader for Home

appearing for respondents 1 to 3 and Sri M.V. Rama Rao,

learned counsel for respondent No.4.

4. For convenience, the facts stated in W.P.No.6398 of

2024 are discussed as under:

Learned counsel for the petitioner submits that the

Telangana State Level Police Recruitment Board (TSLPRB)

issued a Notification to initiate the recruitment process for

filling up the posts of Constables in Telangana Police.

Pursuant to the same, the petitioner appeared the main

written examination and a selection list was prepared. On

the day of verification of the testimonials, the petitioner

was medically examined.

4(ii) Learned counsel for the petitioner further

submits that the petitioner was enrolled as a Home Guard

vide General No.7881 on 18.03.2011 vide DO No.33/2011.

Doctors of Government Headquarters Hospital,

Mahabubnagar, conducted the petitioner's medical

examination, and they opined that the petitioner is

medically unfit for various reasons. In the said document

No.A3/Rect.4/DPO/MBNR/2024, dated 19.02.2024, the

reasons for unfit are mentioned as B/L Lower Limb

Vericovines, and his case was rejected, but mentioned

explicitly in the document that the candidates are

repeatedly approaching and submitting their individual

representation to consider their request for conducting the

re-medical examination.

4(iii) Learned counsel for the petitioner further

submits that the petitioner approached SP and DGP to

conduct a re-medical exam because other candidates who

were on the list, along with him, completed their re-

examination. But they said that they would conduct the

said re-examination very soon, but they dragged on the

matter for frivolous reasons. Till now, the petitioner has

not received any information regarding his re-Medical

examination. The other candidates who completed their

medical examination, which is in the final stage and their

names are in the final list and were sent for training. On

the other hand, the petitioner is still waiting for his final

selection with a lot of hope.

4(iv) Learned counsel for the petitioner further

submits that the petitioner even though medically unfit,

successfully completed his second stage (physical events

like run-event and long jump, shot put), then the question

of unfit does not arise with the reason stated in the table.

It clearly shows the Selection Committee caused gross

errors against articles 14 and 16 according to the Indian

Constitutional law. Learned counsel for the petitioner

relied upon the decision of this Court in W.P.No.18093 of

2020, decided on 14.07.2023. Accordingly, prayed to

allow the Writ Petition.

5. At the time of admission, this Court passed the

following interim direction:

"In view of the submissions made by the respective parties and having regard to the facts and circumstances of the case, respondent No.4 is directed to consider the case of the petitioner for sending him either to Osmania General Hospital, Hyderabad or Gandhi Hospital, Secunderabad, for the purpose of conducting re-medical examination, without reference to impugned proceedings dated 19.02.2024, within a period of four (04) weeks from the date of receipt of a copy of this order."

Since respondent No.4 did not comply with the above

order, the petitioners filed Contempt Cases.

6. Learned counsel for the respondents filed counter

stating that the Chairman, Telangana State Level Police

Recruitment Board (the Board) had issued 7 Notifications

and the petitioner is concerned with Notification

Rc.No.41/Rect/Admn-1/2022 dated 25.04.2022. The

petitioner participated in the recruitment process vide

Reg.No.1480631 and was selected as SCT Police Constable

(Civil) in Mahabubnagar District subject to verification of

antecedents, certificates and Medical

Examination/Fitness.

6(i) The Superintendent of Police, Mahabubnagar

District, vide Letter dated 27.04.2024, informed that the

petitioner was sent for Medical Examination on

08.02.2024 and was declared medically UNFIT due to (B/L

lower limb, Vericovines with perforators incompetence).

The Medical examination of the petitioner was conducted

by the Doctors of Government Headquarters Hospital,

Mahabubnagar, and as per the medical examination report

at Srl.No.3(iv) Vericovines is opined as "Superficial

engorged veins over the B/L thigh region lower part

posterior region" and, in the last Column No.26 of the

report, the petitioner was declared unfit. As per rule

14(C)(ii) of the SCT Rules issued in GO Ms.No.97 of Home

(Legal) Department, dated 01.05.2006, candidates having

ailment of Vericovines shall not be considered for

appointment to any post specified in the rules.

6(ii) In the recruitment Notification, dated

25.04.2022 issued by the Board, it was clearly mentioned

at Para 18 E(vi) under Note - In order to avert getting

disappointed at a later stage, candidates are advised to

have themselves examined by a Civil Surgeon before

applying for the examination to ensure that they meet the

prescribed Physical and Medical Standards. The required

Medical Standards were also mentioned in the Notification.

SCT rules 1999 were amended vide G.O.Ms.No.14 of Home

(Legal) Department, dated 08.04.2022 and as per Rule

14(d) of SCT Rules, "Candidates provisionally selected

shall be referred to the District Headquarter Hospital for

examination fitness. For any Expert opinion, candidates

shall be referred to Osmania/Gandhi Hospitals,

Hyderabad, based on of the recommendations made by the

District Headquarters Hospitals. Candidates who are

declared unfit in eye related issues, shall be referred to the

Sarojini Devi Eye Hospital, Hyderabad, based on the

recommendation made by the District Headquarters

Hospital. The candidates can be referred/examined only

once on such recommendations.

6(iii) The Medical Officer of the District Headquarters

Hospital did not recommend referring the petitioner to

either Osmania or Gandhi Hospital for any Expert opinion.

The petitioner's contention in para 9 of the Writ Petition

that other candidates successfully completed their re-

examination, is baseless as there is no provision for re-

medical examination in the Rules. In the Writ Petition

petitioner has not mentioned any reasons as to why he

should be referred for Medical Examination again.

7. Learned counsel for the respondents relied upon the

judgment of the Division Bench of this Court in

W.A.No.1085 of 2023. Accordingly, prayed to dismiss the

Writ Petition.

8. All the petitioners in a batch of Writ Petitions

mentioned different health grounds for their medical unfit.

FINDINGS OF THIS COURT:

9. A perusal of the record shows that all the petitioners were

shown medically unfit as they have been suffering from various

medical issues such as: Dc in + 6 Decaved teeth,

Disarticulation Right index finger, B/L lower limb vericovines,

Dc in + 6 Decaved teeth, B/L mild varicosities+, Rt Sided

varicovines +, Dc in + 6 Decaved teeth, Mild Hydlocelc+ and

Lower limb vericovines. The Superintendent of Police,

Mahabubnagar, forwarded the representations of the Medically

unfit candidates to the Chairman, TSLPRB, Office of the DGP,

TS, Hyderabad, vide proceedings No A3/Rect.-

4/DPO/MBNR/2024, date 19.02.2024 for consideration of

their request for Re-Medical Examination.

10. Learned counsel for respondents submits that the

question of re-medical examination does not arise as there is

no specific direction from the Police Authority regarding where

the petitioners have to attend the re-medical examination. He

relied upon the judgment of the Division Bench of this Court in

W.A.No.1085 of 2023 decided on 14.02.2024, and while

allowing the said Writ Appeal, the Bench observed as under:

"....already the petitioner was referred two times for medical examination, therefore, the question of referring him a third time for medical examination does not arise. If such a process is going on, everybody will opt for a medical examination repeatedly and it would become an endless process and it is not proper with regard to recruitment. Moreover, as observed by the Hon'ble Apex Court in R.J. Pathan and others (1 supra), it is not for the High Court exercising its jurisdiction under Article 226 to consider the peculiar facts and circumstances of the case and grant relief which is not to be treated as a precedent. Therefore, the impugned order passed by the learned Single Judge is liable to be set aside and it is accordingly, set aside."

In the case on hand, the petitioner is unfit for the

reason that he has B/L Lower limb vericovines and he was

not referred two times for medical examination. As such,

the above case is not applicable to the present set of facts.

11. Learned counsel for the petitioners vehemently

argued that in the above referred judgment, petitioner was

already referred two times for medical examination. But,

in the case on hand, the petitioners are seeking the re-

medical exam for the first time.

12. Learned counsel for the petitioners also relied upon

the order of this Court in W.P.No.18093 of 2020 decided

on 14.07.2023, wherein at para No.7 this Court observed

as follows:

"7. Having regard to the submissions made and in view of the peculiar facts and circumstances of this case, the Memorandum in Rc.No.213 /Rect. /Genl.2 /2019, dated 07.09.2020 issued by the Respondent No.2 is set aside, insofar it relates to the petitioner herein. The Respondents are directed to conduct re- medical examination to the petitioner with regard to his vision and if he is found medically fit, consider his candidature for provisional selection to the post of SCT PC (Civil) in Cyberabad/RR Unit in Recruitment Notification-2018. It is made clear that this case shall not be treated as precedent, as I have decided it purely on the facts and in the peculiar circumstances on this case."

In the case on hand, the petitioner is unfit for the

reason that he has B/L Lower limb vericovines, whereas in

the above case, it relates to VISION. As such, the above case is

not applicable to the case on hand.

13. Learned counsel for the petitioners vehemently

submitted that in the case on hand, the petitioners are

seeking the re-medical examination for the first time and

accordingly, prayed to allow the Writ Petitions.

14. Learned counsel for the respondents did not dispute

the submission made by the learned counsel for the

petitioners.

15. Having regard to the submissions made by learned