LPA No.1914 of 2011 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH LPA No.1914 of 2011 (O&M) Date of Decision : 14.10.2011 Sunil Kumar ... Appellant versus State of Haryana & others ... Respondents CORAM: HON'BLE MR. JUSTICE PERMOD KOHLI HON'BLE MR. JUSTICE TEJINDER SINGH DHINDSA Present : Mr. S.K.Redhu, Advocate for the appellant. **** Permod Kohli, J. Notice of motion. On asking of the Court, Mr. R.K.S.Brar, Addl. AG, Haryana accepts notice on behalf of respondent – State. With the concurrence of learned counsel for the parties, this appeal is being disposed of at the motion hearing itself. This Letters Patent Appeal arises out of a judgment dated 08.08.2011 passed by learned Single Judge whereby the writ petition filed by the appellant seeking a direction for his medical examination from PGI, Chandigarh for the assessment of his fitness for the post of Computer Operator Constables (Male) has been dismissed. Brief facts in present appeal are noticed hereinafter. An advertisement was issued in the month of August, 2007 by the State of Haryana inviting applications for filling up 485 posts of Computer Operator Constables (Male) in Haryana Police. The appellant claiming to be eligible applied to the said post and was selected, subject to the LPA No.1914 of 2011 (O&M) -2- fitness being examined by the Chief Medical Officer. The appellant was referred to the Chief Medical Officer, Civil Hospital, Karnal by Commandant 5th Bn, HAP Madhuban vide its memo dated 18.12.2008. Civil Surgeon Karnal referred the appellant to Medical Officer, PGIMS, Rohtak vide letter dated 23.12.2008. A Board of Doctors from the PGIMS, Rohtak sought some clarification regarding the criteria for the post in question. On seeking necessary information from the Civil Surgeon, Karnal, Board of Doctors in the department of ENT PT BDS PGIMS, Rohtak on examination of the appellant found him unfit for the appointment as conveyed vide letter dated 11.5.2009. Appellant being dissatisfied with the report of PGIMS, Rohtak approached Jindal Institute of Medical Sciences Model Town, Hisar. The said institute declared the appellant fit for all type of duties as communicated vide letter dated 14.05.2009. The appellant also approached the All India Institute of Medical Sciences Hospital, New Delhi where also he was examined by a board of doctors and found him fit for job as communicated vide letter dated 07.08.2009. It is stated that in view of the aforesaid medical opinion, the appellant made an application to the Director General of Police, Haryana for allotment of constabulary number on the basis of his selection vide his application dated 24.08.2009. It is alleged that though the appellant was called on 31.08.2009 to appear before Inspector General of Police Administration, Haryana, however, no decision was taken. The appellant thereafter filed CWP No.18983 of 2009 before this court seeking a direction for his appointment consequent upon the medical opinion furnished by All India Institute of Medical Sciences, New Delhi and Jindal Institute of Medical Sciences, Hisar. Learned Single Judge LPA No.1914 of 2011 (O&M) -3- vide impugned judgment, however, did not agree with the submission made by the appellant and dismissed the writ petition vide impugned order. It has been observed that once the medical opinion from the PGIMS, Rohtak is against the appellant, he cannot seek reconsideration on the basis of opinion of the private institute or any other institute. We have heard learned counsel for the parties. Undisputedly, AIIMS, New Delhi is one of the premier institute of the country. The Board of Doctors at AIIMS found the appellant fit for duties as is evident from the certificate dated 16.09.2009 (Annexure P-12). A similar opinion was expressed by Jindal Institute of Medical Sciences, Hisar another institute of repute (Annexure P-8). From both the certificates it appears that the appellant was declared fit after he was treated for the disease. It seems that the disease was not of permanent nature and on treatment the appellant has been cured and found fit for the job. Merely because at the initial stage the appellant was found unfit does not mean that the appellant should be denied appointment if the disease is otherwise curable and temporary in nature. In these circumstances, we are of the considered view that the appellant should be examined by a board of doctors at PGIMER, Chandigarh. Civil Surgeon, Karnal is directed to refer the appellant to the PGIMER, Chandigarh. The Director, PGIMER, Chandigarh would constitute a board of doctors from concerned field for examination of the appellant. The board of doctors will give their opinion regarding the fitness of the appellant or otherwise to the Civil Surgeon, Karnal within a period of two weeks from the date of receipt of reference made by the Civil Surgeon, Karnal. As a result of the examination at PGIMER, LPA No.1914 of 2011 (O&M) -4- Chandigarh, if the appellant is found fit for the job, the respondents No.1 to 4 shall appoint the appellant on the basis of his selection in accordance with rules. In the event of his appointment, the appellant shall be entitled to be placed in the seniority list on the basis of merit of selection, however, he shall not be entitled to any monetary benefit. The entire process be completed within a period of two months. (Permod Kohli) Judge October 14, 2011 (Tejinder Singh Dhindsa) sonia Judge