IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (S/S) No. 228 of 2004 Maheshwar Singh Rawal …….Petitioner. Versus Union of India & others ……Respondents. Mr. B.D. Upadhyay, Advocate for the petitioner. Mr. A.S. Bisht, Standing Counsel for the Union of India/respondents. Hon’ble Sudhanshu Dhulia, J. (Oral) Heard learned counsel for the petitioner as well as learned Standing Counsel for the Union of India at length. This Writ Petition has been filed by the petitioner claiming the following relief :- (i) Issue a writ order or direction in the nature of mandamus to direct the respondents that the petitioner re- examined by the Board of Specialist Medical Officer and re- instated the petitioner as a soldier/G.D. in the C.R.P.F. (ii) Issue a writ order or direction in the nature of certiorari to quash the order/letter dated 30.8.2003 of Respondent No. 3, contained Annexure no. 4 to the writ petition. (iii) Issue a suitable writ, order or direction, which this Hon’ble Court may deem fit and proper in the circumstances of the case. (iv) Award the cost of petition in favour of the petitioner.” Brief facts of the case are that in response to an advertisement the petitioner applied for appointment on the post of soldier G.D. in the Central Reserve Police Force. The petitioner was selected by a duly constituted Selection Committee. This selection was subject to a medical examination of the petitioner. In the medical examination, certain infirmities were found with the petitioner and thereafter the petitioner was referred to a Medical Board. Consequently after examination by the Medical Board, the same opinion remained inasmuch as the Board also came to the conclusion that the petitioner is not medically fit to be enrolled as a constable in the Central Reserve Police Force. The petitioner requested for a further medical examination which was rejected as the rules did not provide for any 2 further examination. According to the petitioner, thereafter he examined himself before the Senior District T.B. Specialist, District Pithoragarh as well as before Soban Singh Jina Base Hospital, Haldwani where the petitioner was given a certificate that the petitioner is not suffering from any lung disease, and that he was not disqualified for employment in the Central Reserve Police Force. However, the medical certificates so annexed by the petitioner have no relevance in the present matter inasmuch the petitioner was examined by a Board of Experts by the Central Reserve Police Force who found the petitioner unfit for service in the Central Reserve Police Force. The rules do not provide for any private examination by any doctors outside the Board constituted by the Central Reserve Police Force. Moreover, the petitioner was only selected for the Central Reserve Police Force which itself was subject to the health certificate given to the petitioner by the Medical Board. The petitioner did not have any indefeasible right for appointment as a soldier G.D. in the Central Reserve Police Force. The petitioner having not fulfilled the essential condition of passing the medical test, there is no occasion for this Court to interfere in this matter, once the body of experts have already declared the petitioner to be unfit for service in the Central Reserve Police Force. No allegation of malice or arbitrariness is alleged against any officers of the Medical Board concerned. This Writ Petition, therefore, has no merit and the same is liable to be dismissed and is hereby dismissed. No order as to costs. (Sudhanshu Dhulia, J.) 11.8.2010 Avneet