IN THE HIGH COURT OF JUDICATURE AT PATNA
G. ANUPAMA CHAKRAVARTHY, J.
Shashi Bhushan Singh, Son Of Anil Kumar Singh – Petitioner
Versus
The Union Of India, through the Director General, Central Industrial Security Force – Respondent
Civil Writ Jurisdiction Case No.21793 of 2013
Decided On : 31-01-2026
JUDGMENT :
G. ANUPAMA CHAKRAVARTHY, J.
1. The present Writ petition is filed for the following reliefs:
a) For issuance of writ in the nature of mandamus directing / commanding the respondent concerned to issue offer of appointment letter to the petitioner and appoint him on the post of Constable /Fire in CISF under Employment no. 32023/Constable / Fire Recruitment-2012 Eastern Sector, CISF for which the petitioner selected in Physical test, written test and medical test and finally fit for the said post vide medical fitness certificate dated 11.5.2013 and rectified the error dated 4.7.2013 as contained in Annexure 2(series) and 4(series) to this writ application.
b) For directing /commanding the respondent concerned to consider sympathetically and according to merit the candidature of the petitioner for which the petitioner is entitled to in accordance with law because the matter relates to the life and career of the petitioner. If the candidature of the petitioner may not be considered, then the petitioner will suffers a lot and deprive from his Future career.
c) For any other relief/reliefs for which the petitioner is entitled to in accordance with law.
2. The brief facts, as culled out from the writ petition, are that the petitioner applied for the post of Constable/Fire in CISF pursuant to Employment Notice No. 32023/Constable/Fire Recruitment–2012 (Eastern Sector). The petitioner successfully qualified in the Physical test as well as the written examination, securing selection on merit. Thereafter, the petitioner appeared in the medical examination conducted for recruitment to the post of Constable/Fire in CISF. In the Review Medical Examination held on 07.05.2013 at CISF 2nd Reserve Battalion, Ranchi, Jharkhand and was declared medically unfit on the ground of “Single testis on right side of scrotum and undescended testis in left inguinal canal.”
3. It is submitted in the Writ petition that the petitioner was granted 15 days’ time to submit a medical fitness certificate, as per Form No. CISF (Constable)/3; so as to reach the addressee within a period of 15 days from the date of medical examination i.e., on or before 22.05.2013 for which a Memorandum unfit letter dated 07.05.2013 was issued by respondent No. 4. Pursuant thereto, the petitioner consulted Dr. B. Kumar, Consultant Surgeon, Raj Hospital, Ranchi, and underwent operative correction surgery on 10.05.2013, whereby the left testis was brought down to the root of the scrotum. A medical fitness certificate dated 11.05.2013 was issued by the said doctor.
4. Thereafter, the petitioner preferred an appeal before Respondent No. 2 on 16.05.2013against medical unfitness within the prescribed time, enclosing the medical fitness certificate dated 11.05.2013. Subsequently, the Assistant Commandant (respondent no.3) issued a letter dated 28.06.2013, pointing out certain discrepancies in the medical certificate and directed for rectification in Form No. CISF (Constable)/3 Column no. 2 Form No. 1, disclosing all the reasons for medical unfitness. In compliance thereof, the petitioner again consulted the same medical practitioner, and a rectified Medical Fitness Certificate dated 04.07.2013 was issued, duly addressing all objections raised by the respondents. The petitioner forwarded the rectified medical certificate to respondent no.2 on 08.07.2013 through speed post. However, no response or decision has been communicated to the petitioner till date, nor has any appointment letter been issued.
5. The petitioner asserts that he is medically fit, has cleared all stages of the selection process on merit, and is ready and willing to serve as Constable/Fire in CISF.
6. The Learned counsel for the petitioner submits that the petitioner has successfully qualified in the physical test, written examination, and medical examination after rectification and, therefore, is entitled to appointment on the post of Constable/Fire in CISF. It is submitted that the initial declaration of medical unfitness
A candidate declared unfit in a medical examination for recruitment does not hold grounds to contest employment selection results, especially when approached belatedly after vacancies are filled.
Conflicting medical opinions can lead to the court directing a specific medical assessment to resolve the dispute.
Where appointment order has been issued and the petitioner had accepted the same by reporting for duty, subsequent medical examination report cannot make the petitioner ineligible for appointment.
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....
The court ruled that once the petitioner was declared fit for recruitment, he should be considered for appointment to the post of Constable (GD).
The need for a conclusive assessment of medical fitness in cases of appointment disputes.
The court upheld the principle of fair assessment by directing an independent medical board to evaluate the petitioner's fitness, reinforcing the right to equality and fair treatment in employment pr....
Technicalities can never mar the substantive right of the parties, if there is a specific mention and reference of the reflection of the registration of the certificate of medical practitioner, who h....
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