Full Judgment
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.22793 of 2011 Date of Decision :
18. 12.2012 Paramjit Kaur ....Petitioner(s) Versus Union of India and others ....Respondent(s) CORAM: HON'BLE Mr.JUSTICE AUGUSTINE GEORGE MASIH Present:- Mr.Sunil Kumar Sharma, Advocate, for the petitioner.
Mr.Hitesh Kaplish, Central Government Counsel, for respondents.
AUGUSTINE GEORGE MASIH, J.
(ORAL) Petitioner has approached this Court praying for a writ of mandamus, directing the respondents to allow her to join the training of Female Constable (General Duty) of BSF, after getting medical examination done from a panel of doct ORS.It is the contention of the petitioner that she applied, in pursuance to an advertisement issued by Staff Selection Commission, Government of India.
Petitioner cleared the written examination and the physical efficiency test also.
During the medical examination on 6.8.2011, petitioner was found to be medically unfit by assigning reason that she has knock knees.
Petitioner was informed that she could avail of the remedy of an appeal against the order of the Medical Board.
Petitioner did submit an appeal, but the said format was not even filled by the petitioner and was blank.
Prayer has been made on the basis of medical certificates which have been issued to her, showing her medically fit that a direction may be issued to the respondents to medically CWP No.22793 of 2011 -2- examine the petitioner and thereafter, if found fit, she be sent on training for the couRs.as a Female Constable (General Duty) in the BSF.
Upon notice issued by this Court, reply has been filed by the respondents wherein it has been stated that medical examination of the petitioner was conducted by a duly constituted Medical Board under the supervision of a Presiding Officer of the rank of Commandant, as per the guidelines/instructions issued by the Frontier HeadquarteRs.New Delhi.
Petitioner was found to be unfit.
She was made aware of the fact that she could avail of the remedy of an appeal against the said decision of the Medical Board.
She had submitted an appeal, but the same was totally blank, bereft of any particulars including the signatures.
On this assertion of the respondents when the case was taken up for hearing on 8.11.2012, directions were issued to the respondents to produce the original records.
The same has been produced in Court today.
On perusal of the same, the stand taken by the respondents has been found to be correct.
In the light of the fact that the petitioner was made well aware of the fact that she could avail of the remedy of an appeal against the decision of the Medical Board.
Petitioner had filed an appeal, bereft of any details which, therefore, had the effect of non-consideration of her appeal as in the absence of minimum required information, the claim of the petitioner could not be considered.
In the light of the above, the claim, as made in the present writ petition, cannot be accepted.
The writ petition, therefore, stands dismissed.
(AUGUSTINE GEORGE MASIH) JUDGE 18 12.2012 sjks