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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
J O D H P U R
:::
O R D E R
Devendra Singh v. Union of India & ors.
S.B. CIVIL WRIT PETITION NO.10010 OF 2008
Date of Order: 09th January, 2009
:::
P R E S E N T
HON'BLE MR JUSTICE GOVIND MATHUR
Mr Arjun Purohit, for the petitioner
:::
BY THE COURT
In pursuance to advertisement bearing No.1/09,
petitioner faced the process of selection to be
recruited as Senior Secondary Recruit, however, his
candidature was rejected being not found medically
fit. A statutory appeal was also availed ;by the
petitioner and that too came to be rejected. After
rejection of the appeal, petitioner got himself
medically examined by Dr KN Tiwari, Junior Specialist
(Ear, Nose & Throat), Babu Ram Bahadur Memorial
Hospital, Bharatpur and he declared him a person fit.
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Contention of the petitioner is that the Medical
Board of the Indian Navy while considering his
candidature for recruitment as Senior Secondary
Recruit committed error and preference is required to
be given to the opinion given by a senior Medical
Practitioner. The petitioner has given challenge to
condition prescribed in the procedure for selection
that the opinion given by any other medical
practitioner except experts of Military Hospital shall
not be accepted.
Heard learned counsel for the petitioner.
The petitioner was examined by an Expert Committee
of Doctors working in Military Hospital. His appeal
was also considered by the experts and as such, I do
not find any reason to interfere with that. Relevant
to note that no allegation of malafides or extraneous
consideration against the Committee of experts is
made. A senior medical practitioner may have given an
opinion contrary to experts of Military Hospital but
that view is not at all relevant. Experts of Military
Hospital are better aware of criteria and needs
required to enroll a person in a force as Senior
Secondary Recruit. The condition prescribed that no
other opinion except opinion given by experts of
Military Hospital shall be accepted, is also having no
irrationality as the experts of Military Hospital are
better equipped and better aware regarding
requirements and needs for members of a Force.
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For the reasons mentioned above, I do not find any
merit in this petition for writ. Accordingly, the same
is dismissed.
[GOVIND MATHUR],J.
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