CW 4580/06 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.4580/2006 Jaldeep Singh Versus Union of India & Anr. Date of Order ::: 14/11/08 Hon'ble Mr. Justice Ajay Rastogi Mr. Vipul Jaiman, for petitioner Mr. Sandeep S. Shekhawat for Mr. KK Sharma, Standing Counsel for respondent Union of India At joint request, matter is finally heard at admission stage. Instant petition has been filed seeking appointment of petitioner to the post of Constable (G.D.) on consideration of medical board certificate of Rajiv Gandhi Government General Hospital, Alwar (Ann.3). Petitioner having requisite qualification for the post of Constable (GD) submitted application and appeared in recruitment test held on 11/08/05 in pursuance of admit card bearing Roll No.29596691 (Ann.1) and after qualifying in process of selection, appeared before medical board on 27/09/05 for medical examination – as per report whereof, due to knock-knee, he was found medically unfit to discharge duties of the post for which he was going to be appointed. It appears that later on petitioner got himself examined through medical Board duly constituted of Senior orthopedics on 19/10/05 CW 4580/06 //2// vide order (Ann.2) on his request in Government Hospital Alwar and vide medical Board certificate (Ann.3), possibility of any defect in the knee or body of petitioner is ruled out; as such he alleged himself to be medically fit for being considered for appointment to post in question. In reply to writ petition at para 3 respondents have inter-alia averred that after petitioner having qualified in PST/PET/written examination, was declared medically unfit on account of his having knock-knee, for which he was informed that he can prefer appeal to medical Board for-re-examination to the Inspector General (Personnel) SSB PHQ, RK Puram, New Delhi along with Demand draft of Rs.25/- towards fees, besides other formalities to be fulfilled within thirty days; but he failed to submit any appeal, failing which he being medically unfit has rightly been denied of appointment. However, averments have been made by respondents about fact being disclosed to him of he being medically unfit but no supporting document including report of medical examination in which he was held to be medically unfit due to his knock-knee, was supplied to him while at the same time, when petitioner served legal notice, to which respondents informed him vide letter CW 4580/06 //3// dt.02/02/06 (Ann.5) that no candidate bearing Roll No. 29596691 of Shri Jaldeep Singh (petitioner) has ever been called for medical examination; hence, original record duly called for vide order dt.15/10/08 on production before this Court shows that before medical board, petitioner appeared bearing same roll no. as referred to in letter dt.02/02/06 (Ann.5) and as per medical report, was found medically unfit on account of knock knee. Medical report is an expert opinion and this Court is not in a position to scrutinize opinion expressed by expert body of medical board. However, in the facts of instant case, when there is no contrary material on record to show that petitioner was ever supplied with necessary document to substantiate that he was medically unfit and he can prefer appeal against such medical board's expert opinion while at the same time, upon legal notice served by petitioner through his Counsel, there is completely different version put forward on record as is evident from respondent's own letter dt.02/02/06 (Ann.5) as referred (supra). This Court in the facts considers it proper to grant opportunity to the petitioner to prefer appeal to the authority as averred in the reply of respondents (supra). CW 4580/06 //4// Consequently, writ petition is disposed of to the extent that respondents are directed to supply one set of medical Board's report on the basis of which petitioner was declared medically unfit, within one month alongwith appeal form Nos.4, 5 & 6 as averred in para 3 of the reply so as to enable him to prefer an appeal against medical Board's report for re-medical examination to the Inspector General (Personnel) SSB PHQ RK Puram New Delhi according to rules alongwith demand draft towards fee of Rs.25/- & self addressed envelope and if petitioner prefers such an appeal (supra) within thirty days of receipt of appeal forms (supra), respondents shall decide the same within thirty days thereafter and communicate its speaking order – against which yet feels aggrieved, he will be free to avail remedy under law. No order as to costs. (Ajay Rastogi), J. K.Khatri/p.4/4580CW06-1411.doc