The court emphasized the importance of giving primacy to the opinion of the medical board and the review medical board over other medical opinions, and the need for the court to be slow in interfering with their opinions.

Anil Kumar, J.

1. The petitioner has sought a direction to declare him successful for recruitment to the post of Constable (GD), CAPF (s) for the year 2011-12 and to follow the results of the medical examination of the petitioner conducted by the District Hospital in appeal and the medical fitness certificate dated 9th August, 2011 issued by the concerned hospital.

2. The petitioner had applied for the post of Constable under the notification for recruitment of Constable (GD), CAPF (s) for the year 2011-12 by the Staff Selection Commission. The petitioner appeared in the written examination and the result was declared in July, 2011 and petitioner was declared to have qualified the written examination.

3. Thereafter the petitioner was sent for the physical standard test and physical efficiency test. According to the petitioner he qualified even the physical test and physical efficiency test. Thereafter the petitioner had to undergo a medical examination and he appeared on 6th August, 2011 for the medical examination for combined recruitment of Constable (GD) in CAPF (s) at CISF, NHCC, Saket, New Delhi.

4. Pursuant to the examination, the medical board declared the petitioner unfit on account of the following reasons:-

“--Vitiligo, lucodermoil patches over both lower limbs, elbows and profuse---” Petitioner was given an option to file an appeal against the finding of the medical examination and to apply for a review medical examination after obtaining the necessary medical certificate from the medical practitioner as per Form No.CAPFs Constable (GD)/3. The request for the review medical board had to reach the respondents within a period of 15 days from the date of the medical examination that is by 24th August, 2011.

5. The petitioner, therefore, filed an appeal along with a medical fitness certificate obtained by the petitioner from Dr. Satya Singh, Senior Consultant, District Hospital, Bijnour stipulating that the petitioner is medically fit and holding that the opinion that the petitioner suffers from Vitiligo, lucodermoil patches over both lower limbs, elbows and profuse is on account of an error of judgment. Pursuant to the request of the petitioner for the review medical examination the petitioner was examined on 15th October, 2011 by a medical board of three doctors. The review medical board on the basis of the opinion of the skin specialist, Safdarjung Hospital also declared the petitioner unfit on account of “Vitiligo, lucodermoil patches over both lower limbs, elbows and profuse”. Result of the review medical examination was also given to the petitioner and he countersigned the same in token of receiving the copy thereof. The petitioner, however, has only filed a copy of the OPD slip of V.M.M.C and Safdarjung Hospital in the present writ petition.

6. On 15th October, 2011 the petitioner was taken to Safdarjung Hospital by the CISF Personnel, who allegedly told the concerned doctors that the petitioner is suffering from “Vitiligo” and also showed the proceedings of the medical board conducted by the respondents and therefore, according to the allegations of the petitioner, only a prescription had been given to the petitioner without examining the petitioner

7. According to the petitioner the concerned personnel had told the petitioner that the review is only a formality and that the petitioner’s appeal will be finally considered by the medical board and thus the petitioner did not say anything to the personnel of the respondents or the doctor except that he is not suffering from any problem.

8. The petitioner also relied on the recruitment process conducted by the Uttar Pradesh Police in respect of the petitioner in the year 2009 by application No.125053 in which for selection to the said force the petitioner was declared physically fit in the medical examination conducted by the Uttar Pradesh Police on 19th December, 2009.

9. According to the petitioner all the forces/paramilitary forces/police have the same physical e