1. Heard Mr. R. Mazumdar, learned counsel for the petitioner and Mr. D.C. Chakraborty, learned Central Govt. Counsel, appearing on behalf of respondents.

2. As agreed to by the learned counsel for both sides and having regard to the subject-matter involved this writ petition is being disposed of at the admission stage.

3. Pursuant to an advertisement issued in January 2007 inviting applications for filling up vacant posts of General Duty Constables in the CRPF the petitioner submitted his application and participated in the selection process. The petitioner cleared the selections. However, in the mandatory medical examination which was carried out on 30.5.2007 the petitioner was found to be unfit on account of the following medical findings :

"(1) B/L Inf. Turbinate Hypertrophy. (2) B/L Flat Foot."

4. Under the norms for medical examination contained in the advertisement issued a candidate declared unfit on medical ground is required to be informed of the reasons for the rejection of his case. A candidate, if not satisfied with the findings of the medical officer/board, is vested with the right to file an appeal for re-medical examination with proof of his fitness in the form of a medical certificate as prescribed by Annexure-IV to the advertisement. Annexure-IV is the form of the certificate to be issued by another doctor certifying the medical condition of the candidate with full knowledge that he has been earlier found to be medically unfit to join the Force. Once an application for re-medical examination along with the certificate in Annexure-IV is submitted to the appellate authority, as prescribed, the said authority is required to take a decision as to whether the candidate concerned should be subjected to a re-medical examination.

5. In the present case the petitioner, on being informed that he has been found to be unfit in the medical examination held on 30.5.2007, submitted an application for re-medical examination which was accompanied by the requisite certificates (two in number) in Annexure-IV, as prescribed. The first certificate dated 7.6.2007 was issued by the Registrar of Orthopaedics, Guwahati Medical College and counter­signed by the Associate Professor as well as the Head of the Department of Orthopaedics. By the said certificate it was certified that the petitioner is not suffering from any flat foot deformity. The second certificate, also dated 7.6.2007, was issued by the Resident Surgeon, Department of ENT, Gauhati Medical College and is countersigned by the Associate Professor of the department. The said certificate is to the effect that the petitioner, on examination, has been found to be clinically fit from the ENT point of view. The aforesaid certificate goes on to recite that the same has been issued in full knowledge that the petitioner was earlier declared to be medically unfit due to Bilateral inferior Turbinate Hypertrophy.

6. Thereafter, a re-medical examination of the petitioner was conducted by the authorities of the Force on 4.10.2007 wherein the adverse medical condition earlier noticed i.e. flat foot and Bilateral inferior Turbinate Hypertrophy were, once again, recorded and the petitioner was declared to be medically unfit. Aggrieved, this writ petition has been filed.

7. Learned counsel for the petitioner has placed reliance on an earlier order of this court dated 4.5.2006 passed in WP(C) No. 1003 of 2006 to contend that in view of the contrary medical opinion expressed by the specialist doctors of the Medical College who had examined the petitioner the authorities of the Force should not be allowed to continue to entertain the opinion that the petitioner is medically unfit to join the Force. Learned counsel for the petitioner has further contended, by relying on the aforesaid order of this court dated 4.5.2006, that the opinion of a civilian doctor with regard to the medical condition of an intending recruit is not foreign to the provisions of the CRPF Rules, 1955 and in appropriate cases, lik

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