Vinod Kumar Meena vs State Of Rajasthan And Ors

Instant special appeal has been filed by the appellant against the order dated 09.11.2017 passed by learned Single Judge.

Facts of the case in nutshell are that an advertisement was issued on 14th July 2013, inviting online applications for recruitment to 12178 posts of Constable (GD). The appellant belongs to ST Category, had applied for the said post in ST Category for District Chittorgarh. The appellant was permitted to appear in the written examination held on 1st June 2014 and he was declared pass in the written examination. Appellant was called for Physically Suitability Test (PST) held on 23rd March 2015 at Indira Gandhi Stadium, Chittorgarh. The appellant alleged that he was declared pass in Physical Suitability Test (PST) but in the list of finally selected candidates so issued by the respondents, his name was not included. The appellant filed an application under the Right to Information Act, 2005. Vide order dated 28th April 2015 it was informed to the appellant that since selection process was going on, no information could be supplied to him. The appellant was finally served with order dated 20th May 2016, wherein it was communicated that though he has obtained more than cut off marks in ST Category but he was not selected as his Chest Measurement was found to be 80.60 cm. without inflation and 88.40 cm. with inflation.

Learned counsel for the appellant argued that the learned Single Judge erred in dismissing the writ petition only on the basis of the report of the Medical Board of AIIMS, Jodhpur. At the time of PST, the chest measurement of the appellant was 81 cm. to 86 cm. but the respondents wrongly measured the chest of the appellant as 80.60 cm. to 88.40 cm. In compliance of the directions issued by the learned Single Judge, the Medical Superintendent of AIIMS Jodhpur constituted a Medical Board consisting of 4 members and measured the chest of the appellant. Learned counsel argued that as per the Medical Report of the Medical Board of AIIMS Jodhpur, the normal chest of the appellant is 88 cm. and after expanding 89 cm., which is not possible. Infact the normal chest of the appellant is only about 81 cm and it is not possible to show the normal chest 88 cm. and further it is not possible that a person expanded only 1 cm. which clearly shows that the Medical Board constituted by the AIIMS Hospital has also not properly measured the chest of the appellant. The physical test of the appellant was held on 23.03.2015 and he was declared pass in the physical efficiency test but the respondents have neither declared failed to the appellant nor mentioned that the appellant has not provided relaxation in the chest. Learned counsel argued that it is not possible for a person to expend the chest abut 6 cms. in a year. Thus, it is clear that the Medical Board of AIMS Jodhpur has not properly measured the chest of the appellant and submitted the report without measuring the chest of the appellant only to complete the formalities. The communication dated 20th May 2016 be set-aside and the respondents be directed to give appointment to the appellant.

In support of his submission learned counsel for the appellant has placed reliance upon the judgment delivered by learned Single Judge of this Court in case of Mohan Singh Vs. Union of India & Anr., 2006(1) RLW 124.

Per-contra, learned counsel appearing for the respondents opposed the appeal, supported the impugned order passed by the learned Single Judge and argued that once this Court has already appointed an Expert Body i.e. AIIMS, Jodhpur, to take measurement of Chest of the appellant, no interference is required to be made by this Court.

This Court after hearing learned counsel appearing for the parties vide order dated 10.12.2018 directed the Superintendent, S.M.S. Medical College, Jaipur, to constitute a Medical Board to take fresh chest measurement of the appellant in both the conditions and send its report within ten days from the date a copy of this order is produced before him. In compliance of the aforesaid order, the Department of Medical Board, SMS Hospital, Jaipur sent the report dated 17.12.2018 in sealed envelope prepared by the Medical Board. In the report so submitted by the Medical Board, SMS Hospital, Jaipur, the Board opined that 'on inflated condition the chest of the appellant is 88 cm. and on deflated expansion the chest of the appellant is 83 cm.

Indisputably, requisite minimum chest for appointment of a candidate on the post of Constable (GD) without inflation is 81 cm. The Medical Board constituted by the Superintendent, S.M.S. Medical College, Jaipur on the basis of directions issued by this Court submitted its report dated 17.12.2018 in which the Board found that on inflation condition the chest measurement of the appellant is 88 cms. and on deflated expansion it is 83 cms. Thus, the appellant has requisite chest measurement for appointment on the post of Constable (GD).

In the instant case where positive medical report about the fitness of the appellant is before us, we have no option but to hold that the act of respondents in rejecting the candidature of the appellant vide communication dated 20th May 2016 for the post of Constable (GD) was bad in law. Rule of Court is to ensure the rule of law and to see that the executive act is fairly and gives a fair deal to its employees.

As a result of the above discussion, we allow the special appeal, quash and set aside the order dated 09.11.2017 passed by the learned Single Judge and hold that the rejection of the candidature of the appellant vide communication dated 20th May 2016 for the post of Constable (GD) on medical ground is bad in law. We direct the respondents to give appointment to the appellant on the post of Constable (GD). The respondents shall ensure compliance of this order within ninety days of receipt of copy of the order. There shall be no order as to costs.