The opinion of a competent Medical Board is crucial in determining the fitness of a candidate for appointment to a post, and the appointing authority ought to reconsider its earlier decision in light of such opinion, in the interest of justice.

ORDER :

1. This writ petition has been filed to declare the action of the respondents in not appointing the petitioner as Constable by declaring the proceedings of the 1st respondent, dated 28.01.2014 and proceedings of the 2nd respondent, dated 22.03.2014, as illegal, arbitrary and void and for consequential direction to the respondents to reexamine the claim of the petitioner by taking into consideration the Medical examination test conducted by Civil Assistant Surgeon and C.M.O., King George Hospital, Visakhapatnam, dated 30.01.2014 and also the case of the similarly situated persons like the petitioner, who are appointed as Constables and appoint the petitioner as Constable, with all consequential benefits.

2. The case of the petitioner is that the petitioner applied for the post of Constable (GD) in CAPFs & RILEMAN (GD) in Assam Rifles, 2013, conducted by Staff Selection Commission with Roll No.80007500323 under OBC category and successfully appeared in written examination on 12.05.2013. The respondents have also conducted Physical Efficiency Test (PET) and Physical Standard Test (PST) for Constable (GD) in CAPFs for the year 2013-14 and he qualified in all required tests like Weight bar, 5 Kms. Race in 24 minutes, Height and Chet expansion test successfully and in final result, at column No.10 he was declared to be qualified. Thus, he is fully eligible and entitled to be appointed as Constable under the selection process.

3. Learned counsel for the petitioner submits that the petitioner’s both little fingers are not formed totally by birth, for which he cannot be treated as a Handicapped or Physically unfit, since it will not come in the way of the usual and regular works attended by the petitioner.

4. Learned counsel for the petitioner further submits that the petitioner was examined by the Medical Board on 28.01.2014 and he was declared as Unfit, without considering the fact that the little fingers will not have any role while discharging his duties. Aggrieved by the same, the petitioner underwent another Medical Test at King George Hospital, Visakhapatnam on 30.01.2014 where the Civil Assistant Surgeon and C.M.O., King George Hospital, has conducted Medical Fitness Test and certified that the petitioner is fit for job by observing that the petitioner has deformity of little finger of both hands abnormal and is not an abnormality to impact on function and perform and hence, the petitioner can be treated as normal and fit for job. Pursuant to the said certificate, the petitioner preferred an appeal before the 3rd Respondent for review Medical examination for Combined Recruitment of Constable (GD) in CAPFs for the year 2013-14 wherein the 3rd respondent directed the petitioner to attend for Review Medical examination test on 13.03.2014 and accordingly, he attended for the same. But, the 3rd respondent issued result of Review Medical examination on 22.03.2014 by declaring the petitioner as unfit on account of deformity of little finger of both hands. The impugned orders are exfacie illegal, thus liable to be set aside.

5. Leaned counsel for the petitioner contends that when he was appeared for Medical examination on 13.03.2014, no Doctor was personally examined the petitioner, instead of Doctors, their Attenders/Assistants have examined the petitioner, which is not permissible under law. Further he contends that along with the petitioner, one Mr. Bongu Trinath, was also appeared for Medical examination, whose fingers also not in proper and one of his hand three fingers are not in proper and another hand two fingers are not in proper, but the Doctors certified him to be fit for appointment. Thus, the action of the respondents is absolutely discriminatory.

6. The respondent Nos.2 and 3 filed their counter-affidavits.

7. In the counter-affidavit the 2nd respondent submits that after the petitioner being qualified in PET & PST and written examination, he was subjected to detailed initial Medical Examination on 28.01.2014 at CISF Nat