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Judgment
In the accompanied writ application, the petitioner has inter alia prayed for quashing the medical certificate granted by Medical Board dated
27.02.2009 on the ground that the petitioner has been declared physically unfit being “Knock Knee†whereby the petitioner has been denied to the
post of Constable. Further, prayer has been made for direction to the respondents for re-examining the petitioner for which the petitioner is ready to
bear the expenses.
The brief facts as disclosed in the writ application is that in pursuance to Advertisement No.01/2004 for appointment of non-matriculate candidate
for the post of Constable, petitioner applied for the said post. In pursuance to call letter, the petitioner appeared for test and Medical Officers declared
that the petitioner to be physically unfit for the job as he is suffering from “Knock-Kneeâ€. Being aggrieved by the medical report, the petitioner
has submitted representations before the respondents i.e. Deputy Inspector General of Police, Palamu Range cum Chairman of the Selection Board as
well as Deputy Inspector General of Police, Santhal Pargana Reason, Dumka as evident from Annexure-6 to the writ application. For Mitigating his
grievance, the petitioner has been constrained to knock the door of this Court under Article 226 of the Constitution of India.
Controverting the averments made in the writ application, a counteraffidavit has been filed on behalf of the respondent-State. In the
counteraffidavit, it has been submitted that the Medical Board after proper examination, found the petitioner suffering with the problem of “Knock
Kneeâ€. The result of the medical examination was maintained in the register as per Annexure-D to the counter-affidavit. Further, it has been
submitted that after completion of the whole process of the appointment a report to the D.I.G. of Police, Santhal Paragna Range, Dumka has already
been sent by the respondent no.5 vide office memo dated 02.03.2009 which shows that the petitioner bearing Roll No.10605 was not appointed due to
the permanent medical disability as evident from Annexure-E to the Counter-affidavit.
Rejoinder to the counter-affidavit has been filed by the petitioner wherein it has been submitted that the petitioner for his satisfaction got himself
examined by Dr. Nawal Kishor, Medical Officer, P.H.C. Sarath, Deoghar who had issued a certificate that the petitioner was found “Medically
Knee Fit†as evident from Annexure-7 to the rejoinder. It has further been submitted that the petitioner also got himself medically examined at
Orthopedics Department of P.M.C.H., Dhanbad for his satisfaction on 19.11.2009 and the report of P.M.C.H., Dhanbad states that the petitioner was
not found “Knock-Knee.
Mr. Ashish Jha, learned counsel for the petitioner submits that if a direction would be issued to the respondents to medically reexamine the
petitioner, then the grievance of the petitioner shall be redressed.
As against the submission of learned counsel for the petitioner, Mr. D. K. Dubey, learned Sr. S.C.I for the respondent-State submits that the
aforesaid recruitment pertains to Advertisement No.1/2004, in the meantime, more than one decade has elapsed and the process of recruitment has
been over since 2010. At this distance of time, if a direction be issued to the respondents, it would amount to unsettling the settled position and would
tantamount to raking up settled issue which has already reached its finality. Learned counsel for the State further submits that similar matters have
been disposed of by this Court in W.P.(S) No.6564 of 2010 (Baldeo Mandal Vs. The State of Jharkhand & Others) and W.P.(S) No.179 of 2012
(Subodh Kumar Vs. The State of Jharkhand & Others).
After hearing the learned counsel for the respective parties and having bestowed my anxious considerations to the rivalized submissions and on
perusal of the documents on records, this Court is not inclined to tinker with the selection for post of Constable in pursuance to Advertisement
No.1/2004 due to the following facts and reasons:-
 (I) Admittedly, the process of the selection has been closed and shut-down after publication of circular of the Home Department dated 18.08.2010.
Moreover, the petitioner has been declared medically unfit therefore, the petitioner was not entitled to be appointed on the post in question.
On the cumulative effect of facts and reasons as well as logical sequitur to the discussion made in the foregoing paragraphs, this Court is not
inclined to accede to the prayer of the petitioner. Accordingly, the writ petition is dismissed being devoid of any merit.Â