Paritosh Mandal And ORS. v. Union Of India And ORS.

137.

21.3.2023 S.D.

W.P.A. 27584 of 2022 Paritosh Mandal & Ors.

Vs.

Union of India & Ors.

Mr. Ranojoy Chatterjee Ms. Piyeta Bhattacharjee ... For the Petitioners Mr. Debapriya Gupta ....For the Respondent Nos. 1 to 5 In this writ petition, three petitioners were selected for direct recruitment to different posts in the Border Security Force (in short, "BSF") in the Water Wing Examination of 2022. Since the three writ petitioners were declared to be unfit by the Review Medical Examination, but declared to be fit by a medical examination that they claim to have appeared before at the IPGMER & SSKM Hospital Centre, Department of Health and Family Welfare, Government of West Bengal, this Court directed the petitioners to get themselves examined by a Board constituted by the Superintendent of the Eastern Command Hospital.

From the reports dated February 6, 2023, it appears that the petitioner no. 1 has been declared unfit. The views of the Review Medical Examination have been accepted.

Furthermore, it has been held that the petitioner walks with abnormality. As far as the petitioner no. 2 is concerned, he was held to be medically fit. As far as the petitioner no. 3 is concerned, he did not present himself for Independent Medical Examination.

All the medical reports are retained with the records. In the circumstances hereinabove, the authorities concerned will consider the candidature of the petitioner no. 2 to be appointed within four weeks from the date of this order subject to compliance of all the necessary formalities. The candidatures of the petitioner no. 1 and 3 are not required to be considered by the authorities concerned. With the directions aforesaid, W.P.A. 27584 of 2022 is disposed of.

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

(Lapita Banerji, J.)