Neutral Citation No. - 2024:AHC-LKO:52266
Court No. - 4
Case :- WRIT - A No. - 5945 of 2024
Petitioner :- Anshika Tripathi
Respondent :- Union Of India Thru. Secy. Home Affairs New
Delhi And 2 Others
Counsel for Petitioner :- Umesh Chandra
Vishwakarma,Hukum Singh
Counsel for Respondent :- A.S.G.I.
Hon'ble Rajesh Singh Chauhan,J.
1.Heard Sri Umesh Chandra Vishwakarma, learned counsel for
the petitioner and Sri S.B. Pandey, learned Senior Advocate as
well as the Deputy Solicitor General of India assisted by Sri
Varun Pandey, learned Advocate for the opposite parties.
2. By means of this writ petition, the petitioner has prayed for
the following reliefs:-
"(i) to issue a writ, order or direction in the nature of certiorari calling the
record of the case and quashing the medical examination result of the
petitioner dated 14.06.2024 is medically unfit having "Personality
Disorder" declared by the Medical Board i.e. opposite party No.3 for the
post of Head constable (Communication) SSB/ ASIHC/CT (NON GD)
2023, the Advertisement dated 09.05.2023 to contained as Annexure No.1
to this writ petition.
(ii) to issue a writ, order or direction in the nature of mandamus
commanding the Respondents Authorities treating the petitioner as
medically fit in the medically examination for the post of Head Constable
(Communication) SSB/ASIHC/CT (NON GD) 2023, pursuant to the
Advertisement dated 09.05.2023 and selection and appoint her finally for
the said post, in pursuance of the select list.
(iii) to issue a writ, order or direction in the nature of mandamus directing
the Respondent Authorities to medical examination fairly taken medical
examination conducted and medical test conducted at medical college and
any Government Hospital."
3. Learned counsel for the petitioner has stated that despite the
fact that the petitioner is perfectly fit to be appointed on the post
of Head Constable (Communication) in SSB and she qualified
the aforesaid examination but she has been declared unfit by the
Medical Board. Thereafter, the authority got her appeared
before the Review Medical Board and as per the Review
Medical Board, the present petitioner is unfit to be appointed on
the aforesaid post on account of her ailment in the name of "due
to multiple hesitation cut marks present on left forearms /
conduction permanently disorder."
4. Sri S.B. Pandey, learned Senior Advocate has stated that if
any candidate is declared medically unfit, he/ she may be
produced before the Review Medical Board but if the Review
Medical Board declared him/ her as medically unfit indicating
specific ailment, there is no provision to re-review of the
medical examination and no direction may be issued for Re-
medical Examination of that candidate by any expert agency.
5. Learned counsel for the petitioner could not produce any rule
or case law to show that after being declared unfit by the
Medical Board and the Review Medical Board considering any
peculiar circumstances the candidate may be medically
examined again.
6. Therefore, I do not find any infirmity or illegality in the
impugned order as the petitioner could not establish her legal
right to get the direction in her favour under Article 226 of the
Constitution of India.
dismissed.
7. Accordingly, the instant writ petition is
[Rajesh Singh Chauhan,J.]
Order Date :- 31.7.2024
Suresh/
Digitally signed by :-
SURESH CHANDRA
High Court of Judicature at Allahabad,
Lucknow Bench