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2015 DIGILAW 41 (ORI)

PRATAPA EKKA v. UNION OF INDIA

2015-01-20

B.R.SARANGI

body2015
JUDGMENT : B.R. Sarangi, J. 1. The petitioner, has filed this application praying to quash the order under Annexure-1 dated 21.05.2007 cancelling his offer of appointment as Constable Tailor in CRPF as on medical examination, he was declared unfit due to "BENIGH SPINDLE CELL TUMER". The short facts of the case in hand are that pursuant to advertisement vide Annexure-3 issued by Additional D.I.GP, CRPF Group Centre, Bhubaneswar for recruitment to the post of Constable in Central Reserve Police Force, the petitioner applied for the same and went through the process of selection enumerated therein and he having been found qualified, appointment letter was issued on 13.03.2007 vide Annexure-4 pursuant to which he joined on 11.04.2007. But, his order of appointment was cancelled vide Annexure-1 dated 21.05.2007 declaring him unfit due to "BENIGH SPINDLE CELL TUMER". Since "BENIGH SPINDLE CELL TUMER" is a deformity for enlistment of CRPF irrespective of status of the case, his candidature for the post of Constable was not accepted by the authority. Therefore, the petitioner filed an appeal for re-medical examination for which he deposited the required amount. Consequently medical report vide Annexure-5 dated 10.06.2007 was produced by the petitioner in which Senior Surgery Specialist has certified that he had operated the Spindle Cell Turner of right leg of the petitioner and the petitioner is now relieved and free from Turner. He further certified in the certificate in the prescribed form that he has no such disease/deformity and found fit in all respect and there is no such defect/deformity which will be hindrance to the petitioner in the performance of active duties in the CRPF. Thereafter, the petitioner was called upon to attend the review-medical examination on 10.10.2007 as per Office order dated 21.09.2007 vide Annexure-2, The petitioner presented himself for such re-medical test but no result was communicated even though he was represented. Hence this application. 2. Mr. C. Mohanty, learned counsel for the petitioner strenuously urged that the petitioner having been selected by following regular process of selection pursuant to advertisement vide Annexure-3 and was appointed as Constable in CRPF pursuant to which he joined. While he was in service he received the impugned letter canceling his offer of appointment on the ground of suffering from "BENIGH SPINDLE CELL TUMER". While he was in service he received the impugned letter canceling his offer of appointment on the ground of suffering from "BENIGH SPINDLE CELL TUMER". Though he was found suitable on examination by the doctor vide Annexure-5 he was called upon for re-medical examination but till date the result of such examination has not been communicated to him. As the impugned order was passed without following due procedure of law, he seeks to quash the same. It is further urged that due to non-compliance of the principles of natural justice the impugned order cannot sustain in the eye of law. 3. Mr. Swapna Mohapatra, learned Central Government Counsel while admitting the factum that the petitioner was selected following due procedure of selection and was appointed as Constable submitted that the petitioner was declared unfit due to "BENIGH SPINDLE CELL TUMER" Rt. Leg. Since "BENIGH SPINDLE CELL TUMER" is the deformity for enlistment in CRPF irrespective of status of the case, the candidature of the petitioner for the post of Constable was not accepted. Hence the offer of appointment dated 13.03.2007 issued to him for the post of Constable was cancelled pursuant to Annexure-1 dated 21.05.2007. It is further admitted that if the petitioner is not satisfied with the findings of the medical officer, he can submit an appeal for re-medical examination with a proof of his fitness issued by a medical practitioner in the prescribed proforma which the petitioner did. After expiry of three months from the date of medical examination, the petitioner reported in his Group Centre. Therefore, he was put through the medical examination to ensure that the candidates being appointed in CRPF do not suffer from any deformity. It is urged that deployment of CRPF personnel in extreme and different climate condition and that too in totally hostile terrain, is quite natural. The nature of job in CRPF is purely of nomadic character whose main task is to fight various shades of militancy and insurgency. Therefore, before appointment in Armed Force like CRPF the candidate is required to be examined medically in order to ascertain whether he is physically fit or suffers from any disability or deformity which may prejudice or hamper Govt. work/job. The petitioner in response to letter dated 21.05.2007 in Annexure-1 filed an appeal on 10.06.2007 to DIGP, CRPF, Bhubaneswar for review medical examination for recruitment in CRPF as Constable. work/job. The petitioner in response to letter dated 21.05.2007 in Annexure-1 filed an appeal on 10.06.2007 to DIGP, CRPF, Bhubaneswar for review medical examination for recruitment in CRPF as Constable. On consideration of the same, he was directed to appear for review-medical examination at Composite Hospital, Group Centre, CRPF, Bhubaneswar on 10.10.2007 at 7.00 hours at his own expenses. The medical examination in respect of the petitioner was conducted by the detailed medical board on 10.10.2007 and he was declared unfit for the post of Constable due to "BENIGH SPINDLE CELL TUMER". Therefore, there is no illegality or irregularity committed by the authority by canceling the offer of appointment vide Annexure-1 dated 21.05.2007. 4. On consideration of the above facts pleaded and after hearing learned counsel for the parties and after going through the records, it appears that there is no dispute with regard to the selection of the petitioner by following due procedure of selection pursuant to advertisement issued for the post of Constable in CRPF. Consequently the petitioner joined in his service and while he was continuing, he has been issued the impugned letter canceling his offer of appointment. The contention raised by the learned counsel for the petitioner is that such order of cancellation should have been followed by the compliance of the principles of natural justice. On perusal of Annexure-4 the offer of appointment, it appears that the petitioner was selected provisionally following the recruitment test on temporary basis subject to verification of character and antecedent from the office of the District Magistrate of his district and he is otherwise entitled to get the scale of pay admissible to the post along with all allowances with medical facilities, rent free accommodation, washing allowances free leave pass from place of duty to home town and back and other facilities as admissible to CRPF and as per Rules in the CRPF. But the offer of appointment in Annexure-4 also indicates the terms and conditions of such appointment. Clause-H reads as follows: "your appointment shall be subject to your medical fitness and Chest X-ray in the presence of CRPF Medical Officer at your own cost before filling up the recruitment Roll". 5. As per the above mentioned provisions of Clause-H of the offer of appointment vide Annexure-4 the petitioner's service is subject to medical fitness. Clause-H reads as follows: "your appointment shall be subject to your medical fitness and Chest X-ray in the presence of CRPF Medical Officer at your own cost before filling up the recruitment Roll". 5. As per the above mentioned provisions of Clause-H of the offer of appointment vide Annexure-4 the petitioner's service is subject to medical fitness. As it appears, the petitioner was declared unfit due to "BENIGH SPINDLE CELL TUMER" which is the deformity for enlistment in CRPF irrespective of status of the case. After cancellation of offer of appointment, the petitioner preferred an appeal. On consideration of the same, the Review Medical Board was conducted on 10.10.2007. The Board opined that the petitioner is unfit since the expert body which is competent under law has declared him as unfit medically as he is suffering from "BENIGH SPINDLE CELL TUMER" which is a deformity for enlistment in CRPF as per terms and conditions stipulated in Clause-H of the offer of appointment, Annexure-4. 6. The appointment of the petitioner being subject to medical fitness and the petitioner having been found unfit by medical examination, applying the terms and conditions stipulated in the offer of appointment if the action has been taken pursuant to Annexure-1, this Court finds no illegality or irregularity committed so as to interfere with the same in exercise of writ jurisdiction. Accordingly, the writ petition stands dismissed being devoid of any merits. Final Result : Dismissed