Narendra Kumar v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11833 of 2014 ====================================================== Narendra Kumar Son of Ram Kalyan Singh, Resident of Village- Adhakhanni, Police Station- Parihar, District- Sitamarhi ... ... Petitioner

Versus

1. The Union Of India and Ors Ministry of Personnel, Public Grievance and Pension, New Delhi

2. The Ministry of Home Affairs through its Secretary, New Delhi

3. The Chairman, Staff Selection Commission, Block-12, Central Office Premises, Lodhi Road, New Delhi

4. The Staff Selection Commission C.R., 8-A/B, Beli Road, Allahabad, Uttar Pradesh through its Secretary.

5. Regional Director C.R.., Staff Selection Commission, 8-A/B, Beli Road, Allahabad, Uttar Pradesh.

... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

None For the Respondent/s :

Mr. Rajesh Kumar Verma, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 25-02-2019 The writ petition has been filed for quashing of report of Review Medical Examination of the petitioner whereby even upon review medical examination being conducted the petitioner was found to be an unfit candidate for selection as Constable (GD). The candidature of the petitioner was earlier rejected by the Medical Board. Upon his appeal being filed for review medical examination, he was reexamined and was still considered by the Board to be unfit for selection.

Counsel for the Union of India has submitted that the writ petition for quashing of the report of Review Medical

Patna High Court CWJC No.11833 of 2014(2) dt.25-02-2019 2/2 Board is without any merit as under similar circumstances a Division Bench of this Court in the case of Union of India & ors Vs. Vikash Kumar arising out of LPA No. 1879 of 2012, has held that decision of the employer should normally not be interferred with in the absence of any allegation of mala-fide or any other reason which may throw doubt on the conduct of the proceedings by the medical boards.

It is submitted that no such ground has been raised by the petitioner in the instant proceeding.

Since none appears on behalf of the petitioner, without going into merit of the submission made by Counsel for the respondents, the writ petition is dismissed for want of prosecution.

(Madhuresh Prasad, J) SNkumar/- U