IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14854 of 2011
Dilip Kumar
Versus
The Union Of India & Ors
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2 08.09.2011 The grievance of the petitioner is that he was an
applicant for the post of S.I. (Store Keeper) in the Border
Security Force (for short “B.S.F.”) pursuant to advertisement
contained in Annexure-1. On being cleared at the physical
eligibility test followed by written test, he was subjected to
medical fitness test on 14.5.2011 (Annexure-3) whereat he
was declared medically unfit as he was found suffering from
Hydrocele (right). It is the case of the petitioner that he was
required to file appeal thereagainst within 30 days after
obtaining a medical fitness certificate. It is the case of the
petitioner that he got himself treated of the ailment and after
having been operated, obtained his certificate of medical
fitness and filed appeal. Pursuant thereto, the authorities of the
B.S.F., by communication dated 22.6.2011 (Annexure-7)
summoned him for subjecting him to Review Medical Board.
The petitioner has asserted as under in paragraph No. 18:-
“18. That on 11.7.11 the petitioner again
appeared for Medical Test at the stipulated time
and place as mentioned in Ann.-7 to the writ
application. Here petitioner was examined by
the doctor of Border Security Force (B.S.F.) and
was found fit for the appointment but this report
of the petitioner regarding his fitness for the
abovesaid posts was/has not been submitted by
the doctors to the higher authorities”
It is contended that the respondent thereafter came
out with a final select list wherein only four candidates for the
2
post of S.I. Storekeeper were selected. The name of the
petitioner did not figure therein.
Learned Central Government counsel prays for
adjournment to file counter affidavit.
As prayed, let such counter affidavit be filed within
six weeks.
Post this matter after seven weeks as zero item.
( Kishore K. Mandal, J.)
pkj