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2021 DIGILAW 1440 (RAJ)

Mehra Ram v. State of Rajasthan

2021-08-10

DINESH MEHTA

body2021
JUDGMENT Dinesh Mehta, J. - The facts appertain for the present purposes are that the petitioners so also respondent No.5 had vied for the post of Constable (GD) pursuant to the recruitment notification dated 14.07.2013. 2. In the original result declared on 11.07.2016, respondent No.5 and another candidate namely Mahendra Singh were selected, whereas the petitioners could not find place in the select list. 3. Pursuant to recommendation of Review Board in terms of standing order No.04/2013 dated 29.06.2013 a revised merit list dated 02.05.2017 was issued. Consequently, the petitioners came in merit list, whereas respondent No.5 Dharmendra Singh and one Mahendra Singh were pushed out of the select list. 4. Pursuant to revised merit list/order dated 12.06.2017, the petitioners were called for medical examination, which was held on 20.06.2017. Petitioners have asserted that thereafter they did not hear anything from the respondents. 5. The petitioners have, therefore, approached this Court seeking directions to the respondents to issue appointment order(s) to them. 6. The respondents have come with the reply (dated 10.02.2021) that the petitioners were found medically unfit and thus, appointment orders were not issued to them. 7. It is the case of the petitioners that, they were never informed about their rejection on medical ground or otherwise. According to the petitioners, they are/were medically fit and the respondents have come with the false plea regarding they being unfit at such belated stage, just to deprive them of their rights. 8. As against this, the respondents have failed to show that the petitioners were ever informed about their medical issues and consequential cancellation of their appointment. 9. As a result of the medical examination conducted in the year 2017, the petitioner No.2 Dharmraj Choudhary was found unfit on account of deficiency in colour vision, whereas petitioner No.1 Mehra Ram was found fit. 10. Vide order dated 06.07.2021, this Court had directed the respondents to conduct petitioners' medical examination. While observing thus : "1. The respondents have filed a reply inter alia contending that Mehra Ram and Dharmraj Choudhary, petitioners No.1 & 2 respectively in SBCWP No.5850/2020 were found medically unfit. 2. Mr. 10. Vide order dated 06.07.2021, this Court had directed the respondents to conduct petitioners' medical examination. While observing thus : "1. The respondents have filed a reply inter alia contending that Mehra Ram and Dharmraj Choudhary, petitioners No.1 & 2 respectively in SBCWP No.5850/2020 were found medically unfit. 2. Mr. Bissa, learned counsel appearing for the respondents, invites Court's attention towards reports (Annex.1 & 2) filed with the reply and argues that the petitioners have concealed the factum of having been declared medically unfit in the memo of writ petition, for which the writ petition is liable to be dismissed. 3. In response to Mr. Bissa's argument regarding concealment of fact, learned counsel for the petitioners submits that petitioners were called for medical examination on 20.06.2017 and were never informed about the result of medical examination and thus, they were under the bonafide belief that respondents have withheld their appointment regardless of their eligibility. 4. After hearing rival counsel at some length, this Court deems it appropriate to direct the respondents to conduct petitioners' medical examination afresh. 5. The petitioner shall get a demand draft of Rs.10,000/- drawn in the name of Superintendent of Police, Udaipur and hand over the same to him/his office on or before 12.07.2021. 6. On furnishing the same, the Superintendent of Police shall ensure conducting of petitioners' medical examination (particularly for parameters on which they were declared unfit) at Maharana Bhupal Govt. Hospital, Udaipur. 7. It will be required of the Superintendent of Police to inform the concerned petitioners about the date and time on which they will be required to be present for medical examination at Maharaja Bhupal Govt. Hospital, Udaipur, on their respective mobile number i.e. 8952933373 (Mehra Ram) & 6367582710 (Dharmraj). 8. List these cases on 27.07.2021. 9. Mr. Bissa to file affidavit as ordered by this Court on 16.03.2021 by the next date. 10. The Deputy Registrar (Judicial) to send a copy of the order to the Superintendent of Police, Udaipur." 11. It may be noted that in the medical examination report dated 26.06.2017 & 28.06.2017, earlier submitted by the respondents with the reply stated that petitioner No.1 was found unfit on account of High Triglyceride Level (424), whereas petitioner No.2 was found unfit on account of deficiency in colour vision. 12. It may be noted that in the medical examination report dated 26.06.2017 & 28.06.2017, earlier submitted by the respondents with the reply stated that petitioner No.1 was found unfit on account of High Triglyceride Level (424), whereas petitioner No.2 was found unfit on account of deficiency in colour vision. 12. So far as medical report of petitioner No.2 is concerned, he was found unfit even as per the subsequent medical examination got done by the respondents, pursuant to the direction of this Court. 13. However, Triglyceride Level of petitioner No.1- Mehra Ram has been found well within the parameters as per the report dated 22.07.2021 prepared by Mahatma Gandhi Hospital, Jodhpur so also the report dated 22.07.2021 prepared by Maharana Bhupal Government Hospital, Udiapur. The medical reports of the petitioners be taken on record. 14. The petitioner No.1 has thus, been found fit. The writ petition qua him is allowed. 15. The writ petition qua petitioner No.2 is thus, dismissed. 16. The respondents are, hereby, directed to issue appointment order to the petitioner No.1 Mehra Ram as early as possible preferably within a period of eight weeks from today. 17. The petitioner shall be entitled for notional benefits from 12.06.2017 till the date of actual joining. 18. The Superintendent of Police shall be free to use the amount of Rs.20,000/- deposited by the petitioners, pursuant to order dated 06.07.2021 on the trainees or other welfare activities, as deemed appropriate. 19. Stay application also stands disposed of.