MOHAN CHAUHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. R. Bora, learned counsel for the petitioner and Mr. K. Gogoi, learned CGC, appearing for the respondents.

(2.) By filing this writ petition under Article 226 of the Constitution of India, the petitioner has prayed for quashing the impugned review Medical Examination Report dt. 10/8/2018, thereby declaring the petitioner to be unfit and to direct the State Medical Board consisting of eye specialists to conduct a medical examination of the petitioner and for a further direction to the respondent authorities to appoint the petitioner to the post of Constable/ General Duty in the Central Industrial Security Force.

(3.) An advertisement dtd. 24/1/2015 was issued by the Staff Selection Commission for "Constables (GD) in CAPFs, NIA and Rifleman (GD) in Assam Rifles Examination, 2015 for recruitment to the post of Constables (General Duty) in CAPFs i.e. BSF, CRPF, CISF, ITBP, SSB, NIA and SSF and Rifleman (GD) in Assam Rifles. Pursuant to the said advertisement, the petitioner had participated in the selection process and upon qualifying in the written as well as Physical Efficiency Test (PET for short), vide letter dtd. 27/4/2018, issued by the CISF Unit Nazira, the petitioner was offered appointment in the Central Industrial Security Force (CISF in short) on probation for 2 year. On 15/6/2018, the petitioner was made to undergo CAPF Constable (GD) Medical Examination, 2015 and he was declared unfit due to the reason of substandard distant vision (Lt 6/12). The petitioner was informed that if he prefers to file an appeal against the finding of medical examination, he was advised to apply for review medical examination in prescribed form after obtaining medical certificate from Specialist Medical Officer of Government District Hospital. Accordingly, the petitioner was medically examined by the Sub-Divisional Medical and Health Officer, Civil Hospital, Diphu and the doctor had opined to the effect that there was judgmental error in physical examination at the time of examination. The doctor had given report that visual acuity in right eye was 6/6 and in left eye it was 6/6 (P). The authorities had directed the petitioner to report to Composite Hospital, CRPF, Jharodakalan, New Delhi on 10/8/2018 to appear before Medical Board for Review Medical Examination. However, the finding dtd. 10/8/2018 by the Review Medical Examination conducted by 3 (three) doctor's board was unfavourable to the petitioner as he was: