‘ Egge 1 $WME gENKCH 5 BEFORE THE HON’BLE HIGH COURT OF CHHATTISGARH AT BILASPUR (C.G.) 4 (9’1“ ) C WRIT PETITION N0. 27> 56 .s /2006 , 1. Krishna Kumal Bhaskar, aged about 28 years, son of Shri Dhune PETITIONERS Singh Bhaskar, R/o. village Kodejunga, Post Kokpur, Tehsil and District Kanker (C.G.) A, ,/ Naresh Kumar Salam 51mm; 6’7 ' _ g; aged about 23 years,nHalal Khore Salam, R/o. Vlllage Kaahanpuri, Post Markatola, Tehsil Narharpur, Distt. Kanker (C.G.) VERSUS RS ESPONDENT . $ State of Chhattisgarh, through - the Secretaty, Ministry of Home Affairs, Dau Kalyan Singh Bhawan, Mantralay, Raipur (QELQ The Superintendent of Police r District Kanker (C.G.) / The Inshector General of Police, Bastar Range, Jagdalpur (C.G.) District Medical Board, through Chairman, District Hospital, Kanker, (C.G.) RIT PETITION UNDER ARTICLES 226/227 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF WRIT / WRITS, ORDER ORDERS DIRECTION DIRECTIONS IN THE NATURE OF MANDAMUS / CERTIORARY / PROHIBITION ETC. 1. PARTICULARS OF THE PETITIONER As per cause title. r ‘ W 0 XI~HC-78 W W , ® W , W urn—mm “W?N03§bq 1H 200 Q WW (W) Wmm mmm ' WW£fWW mmwm ' éawm €7Z7-2GQ6 Shri Rahu! Jha, counse! the petitioners. f r shri Satish Gupta, De uty Gavt. Advecate for the State/ respondents, an advance copy. Heard both the ceunsel. By this writ petition, the f: titioners have prayed far quashment of the second medicai opinion Ar xutre-PM & P/5, aiso quashment of the order Annexure-Pis ahd for dir ctihg the responoents for fresh medioai test of the petitioners. The oaoe of the petitioner is that in response to the advertisement for direct recruitment on the post of constable Annexure—P/1 the petitioners appiied in the ofnce of the 3uperintendent of Poitce, Kanker and thereafter, they were select d, After seiection, they were asked to appear before the District Medi al Board. Vide Annexure—P/4 Krishna Kurnar Bhaskar and vide Anne ure-P/5 Nareeh Kumar were declared medioaliy tit. However, they re again referred to the same District Medical Board in which they we e deciared medically unfit on account of hyper tension. The main grievance of t e petitioners is that they ought to have been referred to the 5tate Level Medical Board in order to ascertatn correct medicai position. The [t titioners made a representation but no response has been given by res ondents. Learned counsel for the p titioners argued that in such cases, Shri JK. Thorat, Assistant inspector neral of Police, on the request of SR, Kanker, vide letter dated 256-2 O6 advised the S.P., Kanker to get the candidate examined from the S e Level Board if he has been declared medicaiiy unfit on account of hyp rtension. 'YYV P.T.O. m , w y e t t XI-HC—78 m u m - ( W ) :aanmmam§§mww;%angx §% o .‘.o.o.oo.... 1H 200 wmm aamKa%aa $ +h?~— Learned counsel for the pe case i$ aiso simikar, therefore, ir difference 0f opinion Gf ihe Medic: Kankerought to have referred tr examination to the 5tate Level Boa only limited'prayer of the petitione Kanker be directed i0 refer the ca: Board 'for fheir medical examir respondents has no objection. Having heard learned coun: facts and circumetances of the ca the merits of the case, and at: 255-2006 issued by Shri JK. T Poiice, Peiioe Headquarter, Raipui Police, Kanker is directed to get thi State Levei Board and thereafter fitness of the petitioners for c constable, within a period of 30 dz this order. With the direction aforesaid: Consequently, M.(W.)P. No. Patties are entitled for certifi mmffwmn %3$%wa $ Ban/e titioners submitted that the petitioners’ 1 the circumstances, when there was al Board, the Superintendent of Police, e case of the petitioners for medical rd. However, in the circumstanoes, the rs is that the $uperintendent of Police, ;es of the petitioners to the State Level ation to which learned counsel for sel for the parties, having regard to the se, without expressing any opinion on o having regard to the letter dated horat, Assistant inspector General of to S.P. Kanker, the Superintendent of a petitioners medically examined by the to take decision about the medicai onsideration of their appointment as tys from the date of receipt of copy of the petition stands disposed of. 2688/2006 also stands disposed of. ed copy of this order. Sd/— i L.C. Bhadoo Judge %<sQ%X’ P.T.O.