IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FIRST DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 3436 of 2008 Between: M.Ranganath S/o.M.Venkata Swamy R/o.Pedda Nalla Kalwa Village & Post, Cumbum Mandal, Prakasam District. ..... PETITIONER AND 1 Union of India, rep. by its The Director (Medical), C.R.P.F Old CGHS Dispensary, Sector-IV, Puspa Vihar, M.S.Road, New Delhi -17. 2 The Inspector General of Police (Medical) Medical Superintendent Composite Hospital, Central Reserve of Police Force, Hyderabad - 500 005. 3 The Medical Officer, Composite Hospital, CRPF, Hyderabad. 4 Sri. R.K.Yadav Composite Hospital, CRPF, Hyderabad. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue writ order more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not considering the case of the petitioner for the post of Hospital Cook in pursuant to the Medicl Certificate of the Osmania General Hospital, Hyderabad is illegal, arbitrary and violative of ARticle 14 and 16 of the Constitution of India and consequently and direct the respondents to consider the case of the petitioner for the post of Hospital Cook by issuing necessary orders and pass such and further orders. Counsel for the Petitioner:MR.J.M.NAIDU Counsel for the Respondent No.: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) The Court made the following : Order: In this Writ Petition, the petitioner questions the action of the respondents in not considering his claim for appointment to the post of Hospital Cook based on a medical certificate issued by the Osmania General Hospital, Hyderabad, as illegal and arbitrary. The second respondent-Inspector General of Police of a Medical Superintendent Composite Hospital, Central Reserve Police Force, notified certain vacancies of Cooks in the Hospitals. The petitioner, who was one of the applicants, was successful in all the tests including interview and thereafter, was subjected to a medical examination. The fourth respondent-Medical Officer of the Central Reserve Police Force vide proceedings No.R- II-3/07-08-RECTT, dated 13th February, 2008 rejected the case of the petitioner for enlistment in Central Reserve Police Force for the post of Hospital Cook on the ground that he is suffering from the following diseases: (1) Perforated RT Tymranic Membrane. (2) DNS (LT) e the bonyspor on Right Side. (3) Anal Fissure. (4) External Pile Mass. In the very same order, it is also stated that the petitioner, if aggrieved, can prefer an appeal before the Director (Medical) CRPF, Old CGHS Dispensary, Sector- IV, Pushpa Vihar, M.B.Road, New Delhi-17. It is the grievance of the petitioner that though he preferred an appeal/representation before the Director (Medical) CRPF on 16-02-2008, the same has not yet been considered and that the fourth respondent-Medical Officer had rejected his case, without examining him properly for extraneous consideration, by mentioning some diseases, from which, he is not suffering. In this connection, he seeks to rely on Certificate dated 16th February, 2008, issued by a Medical Officer of the Osmania General Hospital, Hyderabad, certifying that there is no evidence of the petitioner suffering from any of the diseases mentioned by the fourth respondent-Medical Officer in his proceedings dated 13th February, 2008. The writ petitioner seeks to consider his case based on medical certificate dated 16-02-2008 issued by the Medical Officer, Osmania General Hospital, Hyderabad. When recruiting agency has constituted a Medical Officer/Medical Board for the purpose of selections, there is no reason or justification for not relying on the information of the said Officer and seeking a direction for appointment based on a certificate obtained by the petitioner on his own. Even in the order of the fourth respondent-Medical Officer dated 13th February, 2008, it was mentioned that the petitioner has a right to appeal before the Director (Medical) CRPF, as against the said order. Pursuant to the same, the petitioner has already filed a representation/appeal on 16th February, 2008. In that view of the matter, I deem it appropriate to dispose of the Writ Petition directing the first respondent-Director (Medical) CRPF to examine the representation/ appeal filed by the petitioner on 16th February, 2008 and pass appropriate orders thereon as expeditiously as possible, preferably, within a period of four weeks from the date of receipt of a copy of this order. Inasmuch as there is no proof of the petitioner filing any appeal/representation, he is directed to send a copy of the appeal/representation dated 16th February, 2008 along with a copy of this order by registered post with acknowledgment due to the first respondent-Director (Medical) CRPF, within a period of one week from today. Subject to the above direction, the Writ Petition is disposed of. No order as to costs. ___________________ (R.Subhash Reddy, J) 21st February, 2008 Note: Furnish CC in two days. B/o lur ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 Union of India, rep. by its The Director (Medical), C.R.P.F Old CGHS Dispensary, Sector-IV, Puspa Vihar, M.S.Road, New Delhi -17. 2 The Inspector General of Police (Medical) Medical Superintendent Composite Hospital, Central Reserve of Police Force, Hyderabad - 500 005. 3 The Medical Officer, Composite Hospital, CRPF, Hyderabad. 4 2CCs to 5 2CD copies