Facts of the Case
The petitioner had participated in the recruitment process for selection to the post of constable (GD) in CAPF conducted by the Staff Selection Commission in 2018.
Meanwhile, the First Medical Officer disqualified the petitioner on account of the mallet in the right ring finger. Thus, the petitioner took his case for review before the Review Medical Board which considered the opinion of one of the civilian doctors of the West Bengal University of Health Services, that the mallet finger was unlikely to affect the daily life’s routine of the petitioner. But the Review Medical Board declared the petitioner unfit. Aggrieved by the decision of the said board, the petitioner filed the instant petition.
Arguments Advanced
The Counsel for the petitioner contended that the petitioner was medically fit as one of the civilian Medical Surgeons has opined that the mallet finger is unlikely to affect the day to day functioning of the petitioner in discharging his duties.
Court’s Observation
The Hon’ble Justice Rajasekhar Mantha observed the grounds for disqualification were already being specified in the Medical Guidelines of CAPF. Thereby, the mallet finger constitutes disqualification for the post of constable (GD) such that the petitioner has a deformity in the saluting arm. Further, the Court remarked that the petitioner may also not be able to perform his duties like handling of the weapons.
Judgment
The Hon’ble Court denied allowing the appeal over the views of a specialized Medical Board. Thereby, the Court dismissed the instant petition with no order as to costs.
Click here to view full judgment.
Libertatem.in is now on Telegram. Follow us for regular legal updates and judgments from the Court. Follow us on Google News, Instagram, LinkedIn, Facebook & Twitter. You can also subscribe to our Weekly Email Updates. You can also contribute stories like this and help us spread awareness for a better society. Submit Your Post Now.
