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Jharkhand High Court · body

2011 DIGILAW 597 (JHR)

Rudra Pratap v. The State of Jharkhand

2011-07-06

N.N.TIWARI

body2011
JUDGMENT: In this writ petition, the petitioner has prayed for quashing the part of the letter issued under Memo No. 179 dated 15.1.2011 under the signature of the respondent No.3 (Annexure-12) whereby the petitioner has been declared unfit for State Police Services. The petitioner has further prayed for a direction on the respondents to accept his joining as a State Police Officer for which he was duly selected and appointment letter has been issued. 2. It has been stated that the petitioner had appeared in the 3rd Combined Civil Services Competitive Examination, 2007 conducted by the Jharkhand Public Service Commission, Ranchi (hereinafter referred to as 'J.P.S.C' in short). He got through the said examination and was selected for the State Police Services. 3. The petitioner is a member of Scheduled Caste. His name figured at Sl. No. 1 against five posts earmarked for the Scheduled Caste category. 4. Notification for appointment of the petitioner in the State Police Service was issued by Memo No. 5166 dated 17.8.10 by the Department of Home, Government of Jharkhand, in the pay scale of 9300-34800. 5. The petitioner was directed to join as Officer Trainee on the post of Deputy Superintendent of Police. 6. The petitioner was then medically examined by the Medical Board on 24.8.10. 7. The petitioner, thereafter, submitted his joining before the Principal, Police Training College, Hazaribagh on 25.8.10. But the Principal of the said college did not accept his joining and reported to the Inspector General of Police (Training), Ranchi that in medical examination, the petitioner was found suffering from colour blindness and he was not permitted to join. He sought his guidance to that regard. 8. The petitioner, thereafter, got himself tested by the renowned eye surgeons and eye specialists, namely, Dr. Mohan Lal and Dr. A. R. Mustafi, but the said doctors did not find any such impairment. The doctors issued certificate on examination of the petitioner that vision of both of his eyes was found normal and there is no other disease in his eyes and that he has no colour blindness. 9. The petitioner on the basis of the said reports of the Doctors filed representation before the Principal of the said college requesting him to accept his joining. 10. 9. The petitioner on the basis of the said reports of the Doctors filed representation before the Principal of the said college requesting him to accept his joining. 10. The Principal of the said college forwarded the said representation along with the reports of the eye specialists to the Inspector General of Police (Training), Ranchi and requested him to refer the matter to R.I.M.S, Ranchi or to any other Medical Institute. 11. The petitioner also filed representation before the respondent No.2 to that effect. On the basis of his representation, the petitioner was referred to the State Level Medical Board. 12. The State Level Medical Board was constituted consisting of five Head of Departments headed by the Chairman, State Level Medical Board, Jharkhand. 13. After examination of the petitioner, the State Level Medical Board found that the petitioner can identify all the basic colours. 14. On submission of the report by the State Level Medical Board, the Chief Secretary to the Government of Jharkhand directed for medical examination of the petitioner by a Special Medical Board in presence of the respondent No.2. 15. On 6.10.10 a Special Medical Board comprising of 7 Doctors examined the petitioner and found that he can identity all the basic colours, he has only partial colour blindness. 16. Learned counsel for the petitioner submitted that though the petitioner was examined (i) by a Medical Board constituted by the Jharkhand Public Service Commission (ii) by a Medical Board constituted by the Police Training College. Hazaribagh (iii) by the renowned eye specialists (iv) by a State Level Medical Board and (v) by a Special Medical Board, but none of the Boards or doctors has given opinion that the petitioner is not fit for appointment in the State Police Services. 17. However, by the impugned Letter No.179 dated 15.1.11 the Joint Secretary, Department of Home, Government of Jharkhand wrote a letter to the Secretary, Jharkhand Public Service Commission to recommend the petitioner’s name for his appointment in other State Civil Services as the State Government has not found him fit for appointment in the State Police Services and has taken a decision to appoint him in any other State Civil Services. 18. Learned counsel submitted that there is no legal basis for declaring the petitioner unfit for the State Police Services. 18. Learned counsel submitted that there is no legal basis for declaring the petitioner unfit for the State Police Services. The medical experts have not declared the petitioner unfit for any service and as such the impugned declaration that the petitioner is not fit for police services is wholly arbitrary, malicious and perverse. 19. Learned counsel further submitted that in order to cover up the said arbitrary refusal of the petitioner's joining in State Police Services, the State Government took a decision to appoint the petitioner in other State Civil Services, but even such other post has also not been offered to the petitioner till date. 20. The respondents have opposed the writ petition. A counter affidavit has been filed on behalf of the respondents stating, inter alia, that pursuant to the 3rd Combined Civil Services Competitive Examination, 2007 conducted by the Jharkhand Public Service Commission, the petitioner’s name was recommended for appointment in the State Police Services. Appointment letter was issued to the petitioner by the Home Department. The petitioner was then medically examined by the Civil Surgeon. In the medical test the petitioner was found suffering from colour blindness. In view of the said medical report, the Principal, Police Training College, Hazaribagh did not accept the petitioner's joining. The petitioner got himself examined by two doctors and on that basis filed representation along with the medical report before the Principal. The Principal referred the matter to the Inspector General of Police, (Training), Ranchi. At the same time the petitioner had also submitted representation before the Home Secretary, Government of Jharkhand. The Home Secretary considered his representation and constituted a State Level Medical Board for medical examination of the petitioner. The Board examined the petitioner on 20.9.10 and it has been reported that the petitioner can identify all the basic colours. Along with the said medical report, the matter was placed before the then Chief Secretary, Government of Jharkhand for obtaining approval of the Government. The Chief Secretary then directed to constitute a Special Medical Board with additional medical experts for medical examination of the petitioner in presence of the Home Secretary, Government of Jharkhand. The Board so constituted, examined the petitioner on 6.10.10. The Special Medical Board reported that the petitioner has partial colour blindness, although he can identify all the basis colours. The Chief Secretary then directed to constitute a Special Medical Board with additional medical experts for medical examination of the petitioner in presence of the Home Secretary, Government of Jharkhand. The Board so constituted, examined the petitioner on 6.10.10. The Special Medical Board reported that the petitioner has partial colour blindness, although he can identify all the basis colours. On the basis of the report of the Special Medical Board, the petitioner was found unfit for the State Police Services. Under that circumstance, the Government decided to appoint him on any other post in State Civil Services instead of State Police Services. Accordingly, by Letter No. 179 dated 15.1.2011 the Government asked the Jharkhand Public Service Commission to recommend the petitioner’s name for any other State Civil Services. 21. The petitioner filed rejoinder to the counter affidavit, stating that the petitioner was arbitrarily got examined by several Medical Boards including a State Level Medical Board constituted by the respondents. But even the report of the State Level Medical Board was not accepted by the respondents. None of the reports goes to suggest that there is any such medical deficiency which renders the petitioner disqualified for the State Police Services. The respondents had also sought legal opinion from the Law Department. The Law Department did not find any impediment in permitting the petitioner to join the State Police Services or any medical deficiency disqualifying the petitioner from the State Police Services. 22. On 30.6.2011, learned J.C to A.G had submitted that the petitioner was found unfit for appointment as Constable by the medical experts. He had prayed for some time to bring that opinion of the Medical Board on record. Time was granted to him for that purpose. 23. When the matter is taken up today, learned J.C to A.G appearing on behalf of the respondents submitted that no such opinion was recorded by the Medical Board. But on the basis of the report of the Medical Board that the petitioner suffers from colour blindness, the petitioner was not allowed to join. He further submitted that the Department of Home, Government of Jharkhand has taken a decision for appointing the petitioner in some other State Civil Services and for that purpose he had written a letter to the Secretary, Jharkhand Public Service Commission for recommending the petitioner's name for other State Civil Services. He further submitted that the Department of Home, Government of Jharkhand has taken a decision for appointing the petitioner in some other State Civil Services and for that purpose he had written a letter to the Secretary, Jharkhand Public Service Commission for recommending the petitioner's name for other State Civil Services. It has been submitted that on receiving recommendation from the J.P.S.C, the respondents shall take steps for the petitioner's appointment without any delay. Learned counsel drew my attention on Letter No. 8/P5-1001/08-179 dated 15.1.11 (Annexure-12) and also on paragraph 9 of the counter affidavit filed by the respondents. 24. Learned counsel for the petitioner submitted that on the one hand the respondents have arbitrarily refused to accept the joining of the petitioner in the State Police Services on the other the respondents have also not issued any order for his appointment on a suitable post in the other State Civil Services. Learned counsel submitted that if any suitable post in other State Civil Services equivalent to the post for which the petitioner was appointed, is offered, the petitioner is ready to accept even that post. 25. Learned counsel appearing on behalf of the J.P.S.C submitted that though the State Government has asked the Commission to recommend the petitioner’s name for appointment in any other State Civil Services, they have not supplied the vacancy position of the other departments and in absence thereof it is not possible for the J.P.S.C to recommend the petitioner's name for any particular post. 26. I have heard learned counsel for the parties and considered the above facts and submissions. I find no valid reason for not allowing the petitioner to join the State Police Services pursuant to his appointment letter dated 17.8.10 (Annexure-4). The respondents have failed to produce any such opinion recorded by the Medical Board or any other material to justify refusal of the petitioner's joining in the State Police Services. 27. According to the respondents, the State Government has taken a decision (Annexure-12) for appointing the petitioner in other State Civil Services. But appointment letter has not been issued to the petitioner till date. 27. According to the respondents, the State Government has taken a decision (Annexure-12) for appointing the petitioner in other State Civil Services. But appointment letter has not been issued to the petitioner till date. Though the State respondents tried to show their bonafide by referring Annexure-12, which is a decision of the Government for appointing the petitioner in other State Civil Services, the J.P.S.C has stated that the respondent have not supplied the particulars of vacancy of the posts for which the petitioner can be recommended for appointment. 28. In view of the aforesaid facts and circumstances and the material on record, this Court finds that there is no legal ground for not accepting the petitioner’s joining after his due selection and appointment in the State Police Service. The respondents' refusal of the petitioner's joining is wholly arbitrary, unjust and is violative of Articles 14, 16 and 21 of the Constitution of India. 29. This writ petition is, thus, allowed directing the respondents, particularly, the Home Secretary, Department of Home, Government of Jharkhand, Ranchi (respondent No.2) and the Principal Secretary, Personnel, Administrative Reforms & Rajbhasha Department, Government of Jharkhand, Ranchi (respondent No.4) to either accept the joining of the petitioner as per his appointment letter dated 17.8.10 (Annexure-4) or alternatively, issue appointment letter, according to the decision of the Government, for any other equivalent post in the other State Civil Services having the pay scale not lower than the post offered to the petitioner in his appointment letter dated 17.8.2010 within two months from the date of receipt / production of a copy of this order.