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JAWALA RAM versus UNION OF INDIA & ORS

High Court of Punjab and Haryana, Chandigarh

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Jawala Ram v. Union of India & Ors - CWP-6721-2006 [2006] RD-P&H 2442 (20 April 2006)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CWP No. 6721 of 2006

Date of decision 2.5.2006

Jawala Ram .. petitioner

Versus

Union of India and others .. Respondents CORAM: HON'BLE MR. JUSTICE M.M. KUMAR
HON'BLE MR. JUSTICE M.M.S. BEDI

PRESENT: Mr. Hari Om Sharma, Advocate for the petitioner M.M.Kumar, J.

The petitioner has been examined and re-examined medically for the post of Head Constable (Ministerial) in Border Security Force. He has been declared unfit on the ground that he suffers from the disease "Tachyeardia e K. Knee". The petitioner has banked upon the medical certificate issued by the Post Graduate Institute, Chandigarh to claim that there was an error of judgement with the Medical Board of the Border Security Force. According to certificate issued by P.G.I. Chandigarh he has been medically declared fit on 27th

January, 2006 after the Medical Board of Border Security Force has declared him unfit earlier in January, 2006 ( Annexure P.2). It was thereafter that he obtained medical opinion from the P.G.I. ( Annexure P.4). On the basis of the afore- mentioned certificate a review medical examination of the petitioner was held on 6.3.2006 which reiterated the medical unfitness as per the report given earlier vide Annexure P.2.

After hearing the learned counsel, we are of the opinion that no interference of this Court would be warranted. Two Medical Boards of the Border Security Force have examined the petitioner and have found him suffering from the disease 'Tachycardia e.K. Knee'. No judicial review of these orders is possible which are in the area of expertise. Therefore, we, dismiss the writ petition.

(M.M.Kumar)

Judge

(M.M.S.Bedi )

2. 5.2006 Judge okg


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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