Pradip Kr. Yadav v. Union Of India And ORS

08-02-2021 ct no. 13 Sl.38 sp WPA 1789 of 2021 Sri Pradip Kr. Yadav -VersusUnion of India & Ors.

Mr. Chittapriya Ghosh, Mr. Samir Kumar Adhikari, Ms. Priyanka Saha, Ms. Komal Singh ...for the petitioner Mr. Rabi Prosad Mukherjee, Ms. Sayani Bhattacharya ...for the respondents Affidavit of service filed in Court today be kept with the record.

The writ petitioner is aggrieved by the report of the Review Medical Examination dated 08.10.2020 which found him unfit for selection for the post of Constable (GD) in the examination conducted in the year 2018. The writ petitioner was found to have Multiple Nodular Swelling in both upper limbs by the First Medical Officer.

Based on a report of the civil hospital dated February 13, 2020, the case of the petitioner was taken up by the Medical Board which comprised of three several doctors. The

Review Medical Board found the petitioner unfit on account of Neurofibromatosis.

The conclusion was based on a finding that the petitioner had Multiple Neurofibromatosis in both upper limbs.

Counsel for the BSF Mr. Rabi Prosad Mukherjee with his junior Ms.

Sayani Bhattacharya refer to the Medical Guidelines for recruitment to the post of Constable (GD), particularly, the Office Memorandum dated May 20, 2015 issued by the Government of India, Ministry of Home Affairs, which, specifically at Item No. 11, stipulate that Neurofibromatosis is a disqualification to the post.

In view of the above, the conclusion arrived at by the Review Medical Board on October 8, 2020, cannot be faulted.

Hence, WPA 1789 of 2021 must fail and is hereby dismissed.

There shall be no order as to costs.

The Office Memorandum dated May 20, 2015 and the instructions received the counsel for the BSF be kept with the record.

Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance of all formalities.

(Rajasekhar Mantha, J.)