Case Note & Summary
The petitioner, Hanmant Vasant Yadav, was issued a provisional appointment letter for the post of CT/GD in CRPF on 29.5.2004. He was directed to report for a chest X-ray examination. The X-ray report showed that he was suffering from 'bifid 4th rib (right) anterior end', a congenital anomaly. A Board of three Medical Officers declared him medically unfit for enlistment. The petitioner was informed of his right to appeal to the Deputy Inspector General, CRPF, Pune within one month for re-medical examination on payment of Rs.50. He filed an appeal on 2.7.2004 without the fee, which was rejected on 13.7.2004. He then filed another appeal on 24.7.2004 with a postal order of Rs.50, but that too was rejected. The petitioner filed a writ petition challenging the rejection. The court observed that the condition 'bifid 4th rib' is a congenital anomaly that may not affect the physical fitness of the petitioner. The court held that the respondents should have considered the petitioner's case sympathetically and directed a re-medical examination by a specialist radiologist or orthopaedic surgeon. The court allowed the petition, quashed the impugned orders, and directed the respondents to consider the petitioner's case afresh and pass appropriate orders within four weeks.
Headnote
A) Service Law - Recruitment - Medical Fitness - Bifid Rib - The petitioner was provisionally appointed to CRPF but declared medically unfit due to 'bifid 4th rib (right) anterior end'. The court held that such a congenital anomaly may not affect physical fitness and directed a re-medical examination by a specialist radiologist or orthopaedic surgeon. (Paras 4-6) B) Service Law - Recruitment - Re-medical Examination - Fee Requirement - The petitioner's first appeal for re-medical examination was rejected for non-payment of fee, but the second appeal with fee was also rejected. The court found that the rejection was unjustified and directed the respondents to consider the petitioner's case afresh. (Paras 4-5)
Issue of Consideration
Whether a candidate declared medically unfit due to a congenital anomaly (bifid rib) is entitled to a re-medical examination by a specialist before final rejection.
Final Decision
The court allowed the writ petition, quashed the impugned orders dated 13.7.2004 and the subsequent rejection, and directed the respondents to consider the petitioner's case afresh and pass appropriate orders within four weeks, preferably after getting the petitioner examined by a specialist radiologist or orthopaedic surgeon.
Law Points
- Medical fitness for recruitment
- Bifid rib as congenital anomaly
- Right to re-medical examination
- Natural justice in recruitment process
