Sita Ram Shaw v. Union Of India And ORS.

111.

6.2.2023 S.D.

W.P.A. 3677 of 2021 Sita Ram Shaw Vs.

The Union of India & Ors.

Mr. Ujjal Ray Mr. Arpa Chakraborty ... For the Petitioner Ms. Indrani Chakraborty Ms. Ashima Roy Chowdhury Ms. Sarda Sha ....For the U.O.I.

The report filed by the President, Medical Board for Commandant dated January 3, 2023 is retained with the records.

The petitioner's case was that the petitioner applied for the post of Constable (GD) in Central Armed Police Forces (CAPFs). In the Detailed Medical Examination (DME) and Review Medical Examination (RME), the petitioner was declared unfit for employment.

This Court called for a report from the Superintendent of the Eastern Command Hospital, Kolkata after medical examination of the petitioner upon constitution of a Board for determination whether the petitioner was medically fit to work as a Constable with the CAPFs having regard to the issue of the squint in his eyes. From the said report, it appears that the petitioner is medically fit.

In the circumstances, the authorities concerned is directed to consider the recruitment of the petitioner to the post of Constable (GD) in accordance with the report dated January 3, 2023. The recommendation/result of the RME dated October 16, 2022 is set aside.

The concerned authority/respondent no. 3 is directed to consider the recruitment of the petitioner in the light of the report dated January 3, 2023 within a period of three months from the date of the order.

Since no affidavits have been directed to be exchanged in the present writ petition, all the allegations contained in the writ petition are deemed not to have been admitted by the parties.

With the directions aforesaid, W.P.A. 3677 of 2021 is disposed of.

All parties shall act on the server copy of this order duly downloaded from the website of this Court. Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance of the formalities.

(Lapita Banerji, J.)