Chandan Kumar v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13090 of 2023 ====================================================== Chandan Kumar Son of Arun Singh, Resident of Village- Meghuwa, Police Station- Rajepur, District- East Champaran.

... ... Petitioner/s

Versus

1.

The Union of India through the Secretary, Ministry of Home Affairs, New Delhi.

2.

The Director General, General Reserve Police Force, (Recruitment), East Block- 07, Level-4, Sector-4, R.K. Puram, New Delhi. 3.

Commandant-cum-Presiding Officer, Central Reserve Police Force, Recruitment Board No. 4, Group Centre, Muzaffarpur. 4.

Deputy Commandant, Central Reserve Police Force, CT-GD Exam-2022, Group Centre, Muzaffarpur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Mohan, Advocate For the U.O.I.

:

NONE ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT Date : 06-10-2023 1.

None appears on behalf of the Union of India. 2.

Petitioner has been found unfit in the medical examination for recruitment of Constable (GD) in Central Armed Police Force (CAPF), SSF, Rifleman (GD) in Assam Rifles and Sepoy in Narcotics Examination conducted on 06-082023 on the following grounds:- (a) Right testicular enlarged (b) Mild flatfoot (c) Defective perception

Patna High Court CWJC No.13090 of 2023 dt.06-10-2023 2/3 (d) Eye special opinion- CP (III) (Three) (e) No flatfoot 3.

He has applied for Review Medical Examination, which was thereafter conducted on the very next day, wherein the same infirmities have been noticed. The first medical examination was by a Medical Officer, whereas the second one by a Board, comprising of four Medical Officers. The finding of the two medical examinations are concurrent, in respect of the physical deficiencies.

4.

Learned counsel for the petitioner submits that thereafter the petitioner has got himself examined at Shri Krishna College and Medical Hospital, Muzaffarpur (SKMCH), which has not found these discrepancies.

5.

The process of selection in the opinion of the Court is to be conducted uniformly for all candidates. The strict standards of scrutiny, having regard to the nature of duties required of a Constable to serve in paramilitary force cannot be compromised, or in any way relaxed for any individual candidate, that also based on a medical examination conducted outside the process of selection.

6.

The two reports are concurrent in the deficiencies found. There is no whisper of any specific allegation of mala

Patna High Court CWJC No.13090 of 2023 dt.06-10-2023 3/3 fide against any individual. The process of selection has involved at least five Medical Officers. These being the facts, this Court does not find any occasion to doubt the correctness of two reports.

7.

Writ petition is accordingly dismissed.

(Madhuresh Prasad, J) Raj kishore/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 28.10.2023 Transmission Date N/A