Munna Singh v. Union of India and 2 Others

O R D E R (Made by Hon'ble, the Chief Justice)

This Writ Petition has been filed for a direction to the respondents to appoint the petitioner for the post of Constable (GD) in CAPFs and Rifleman in Assam Rifles.

¶2The case of the petitioner was that he had completed 12th standard and had applied for the post of Constable (GD) in Central Armed Police Forces (CAPFs) and Rifleman (GD) in Assam Rifles. The Registration Number that was allotted to the petitioner by the Recruitment Authority was 71000298574 and he was qualified in the selection, subject to successful completion of medical examination. The further case of the petitioner was that on 03.02.2020, he was subjected to medical examination at Laitkor, Shillong and a report dated 11.02.2020 was submitted to the effect that the petitioner was found unfit for the following reasons:

¶1Deviated Nasal Septum Right

¶2Chronic Suppurative Otitis Media Right Ear.

¶3It was also the case of the petitioner that he, being not satisfied with the report dated 11.02.2020 subjected himself for a medical check-up at Civil Hospital, Shillong, wherein it was certified on 12.02.2020 that there was an error in the declaration of medical unfit report dated 11.02.2020 for the following reasons:

¶1Deviated septum can be corrected

¶2No Suppurative of Ears; Be The intact.

¶4It was submitted by the petitioner that after due consultation with the ENT specialist of the Civil Hospital, Shillong, he made an appeal to the authority, praying to review the medical report of the Medical Board, which has been negatived by the Review Medical Board, by observing as follows:

¶1DNS (R) – Is not Symtomatic and Patency is (N)

¶2CSOM (R) – Has been connected Neo Tympanic Membrane is intact and hearing sensitively which in Pure Tone Audiometery

(PTA).

¶5It was also submitted by the petitioner that the rejection of his appointment on the basis of the Medical Report obtained from NEIGRIHMS is arbitrary and that the petitioner is entitled to be appointed in the post of Constable (GD) in CAPFs and Rifleman in Assam Rifles. According to him, the report is highly misconceived and the action of the respondents is in violation of Articles 14, 16 and 21 of the Constitution of India.

¶6Per contra, learned DSG appearing for the respondents contended that the petitioner is bound by the guidelines, based on which he had applied for the post and the same cannot be questioned in case of any contravention found on the part of the petitioner. That apart only at the request of the petitioner, he was sent to the Medical Board for examination and that the Medical Report is final. Court cannot sit over the expert opinion of the Medical Board, unless there is a violation or any malafide intention. There are different tables mentioned in the guidelines and the same are extracted herein below: S.No. Category Details of cases covered under category. Category wise composition of Review Medical Boards Remarks

¶1Category 'A' & 'B' Visual acuity with other deformities As per directions of ADG Medical, CAPFs & AR. -

¶2Category 'C' All cases except visual acuity 03 GDMOs 01 LMO to be co-opted in case of Female candidates, if there is no female doctor in Review Medical Board composition.

BSF INDORE CSWT BSF, Indore, Bijasan Road, Near Airport, Indore, Madhya Pradesh-05 14/09/2020 to 05/10/2020 Reserve 06-10/10/2020 CRPF BHOPAL GC CRPF Bangrasia, Taluk Huzur, Distt-Bhopal (MP) 462045 14/09/2020 to 01/10/2020 Reserve 03-08/10/2020 ITBP SHIVPURI Telecom Bn, ITBPF, P.O. Shivpuri, Distt-Shivpuri, M.P-473551 14/09/2020 to 10/10/2020 Reserve 12-16/10/2020

CENTRE/BOARD WISE SUMMAY FOR RME OF CT/GD EXAM-2018

FORCE CATEGORY-A&B CATEGORY-C No. of Centre No. of Boards No. of Centre No. of Boards

AR BSF CRPF ITBP SSB CISF Total

¶7Learned DSG appearing for the respondents further contended that as the petitioner sought appointment as Constable, he must be fully fit enough and there should not be any hearing impairment. Hence, it was prayed that the prayer sought for by the petitioner needs to be rejected.

¶8Heard the learned counsel on either side and perused the material documents available on record.

¶9The petitioner, having studied upto 12th standard, had applied for the post of Constable (GD) in CAPFs and Rifleman in Assam Rifles, pursuant to the advertisement issued by the respondents. Though he was successful in the selection, after medical examination, Doctors opined on 11.02.2020 that he is unfit on account of his hearing impairment. On the very next day, the petitioner, on his own went to the Civil Hospital, Shillong and obtained a

report from the Doctor to the effect that he is fit for the job, owing to which, he made a representation for review of the report, which stood rejected by the Review Medical Board as stated supra. Though the petitioner has not challenged the guidelines, this Court has recently interfered with the guidelines in WP(C) No. 410 of 2019 dated 15.03.2024, insofar as Clause No.67 is concerned on the ground of discrimination / application of different yard sticks between Doctors and Nurses, which is not the case herein.

¶10First of all, the petitioner has not challenged the guidelines and that apart, the Writ Petition needs to be dismissed on the main ground that Medical Board had opined that he has hearing impairment. A Constable with hearing loss cannot be construed to be fit enough to hold the said post and even though different opinions have been given by the Doctors in respect of his hearing defect, the opinion rendered by the Medical Board alone will prevail in this case. The petitioner has stated that no final order has been passed, he is aware that the selection process is over and the Medical Board has also certified as to his fitness, holding that he is not fit for appointment due to his hearing impairment.

¶11Considering the facts and circumstances of the case, in my

considered opinion, this Court cannot sit over the medical opinion offered by a Doctor / Medical Board, so as to come to a different conclusion. Hence, the petitioner is not entitled to the relief sought for in this Writ Petition, which is liable to be dismissed.

¶12W.P(C) No. 316 of 2020 is dismissed as devoid of merits.

¶13MC (WPC) No.163 of 2020 is disposed of.

(S. Vaidyanathan) Chief Justice

Meghalaya

05.04.2024 "Tiprilynti–PS"

PRE-DELIVERY ORDER IN W.P(C) No. 316 of 2020 with MC (WPC) No. 163 of 2020

Serial No. 01 Supplementary List HIGH COURT OF MEGHALAYA AT SHILLONG WP (C) No. 316/2020 with MC (WPC) No. 163/2020 Reserved on: 04.03.2024 Pronounced on: 05.04.2024 Shri. Munna Singh -vs- 1. Union of India Represented by Secretary, Ministry of Home Affairs, New Delhi. 2. The Brigadier (Personnel) Appellate Authority for DME CT (GD) Exam 2018 ARC & MC, Laitkor Centre HQ DGAR, Recruitment Branch, East Khasi Hills, Laitkor, Shillong – 793010 3. The Presiding Officer, Assam Rifles Construction and Maintenance Company, Laitkor, Shillong, Meghalaya. 4. Staff Selection Commission, Block No. 12, CGO-Complex, Lodhi Road, New Delhi 110003. Coram: Hon'ble Mr. Justice S. Vaidyanathan, Chief Justice Appearance: For the Petitioner : Mr. A.S. Siddiqui, Sr. Adv. with Ms. A. Kharmyndai, Adv. For the Respondent(s) : Dr. N. Mozika, DSG with Ms. A. Pradhan, Adv. i) Whether approved for reporting in Law journals etc.: ii) Whether approved for publication in press: