Point of Law: Employment and Service matter - Recruitment process of CAPFs and Assam Rifles - As per employment advertisement published in Employment News/ Rozgar Samachar notice thereof relates to review medical examination, which provides that decision of CAPFs review medical board will be final.

JUDGMENT :

Heard Mr. N. Hasan, learned counsel for the petitioner and Mr. C.K.S. Baruah, learned CGC appearing for all the respondents.

2) The petitioner had participated in the recruitment examination held in the year 2018 for the post of Constables (General Duty) in Central Armed Police Forces (CAPFs for short), National Investigating Agency (NIA for short) and Secretariat Security Force (SSF for short) and Rifleman (General Duty) in Assam Rifles (AR for short). The petitioner was successful in the written examination and also qualified the Physical Standard Test (PST for short) and Physical Efficiency Test (PET for short). However, the petitioner failed in the Detailed Medical Examination (DME for short) due to defective distant vision. In order to prefer an appeal against the finding against him in the DME, the petitioner got himself examined at Assam Medical College, Dibrugarh on 10.02.2020, and the vision in both eyes was found to be within the normal limit of 6/6 and 6/6 in both eyes. Accordingly, a Medical Fitness Certificate was issued by the Medical Officer holding the designation of Refractionist and attested by the Professor in the Department of Ophthalmology, A.M.C., Dibrugarh. Accordingly, the petitioner had applied for a review medical examination and accordingly, in the Review Medical Examination held on 18.09.2020, the petitioner was declared to be having defective distant vision of 6/12. The petitioner has projected that he had got his eye examined at the Gauhati Medical College and Hospital (GMC&H) on 19.09.2020 and the Specialist Medical Officer of GMC&H had found the vision of the petitioner to be normal. Thus, on being declared unfit by the Review Medical Board, the aggrieved petitioner has approached this Court by filing this writ petition under Article 226 of the Constitution of India.

3) The learned counsel for the petitioner has referred to the medical opinion obtained by the petitioner prior to facing the first medical examination, after first medical examination and post second review medical examination and it is submitted that the petitioner has all throughout been found to be having perfect vision of 6/6 in both eyes and that the Medical Fitness Certificate issued by the Assam Medical College, Dibrugarh on 10.02.2020 was in the prescribed Form No. 3 of CAPFs Constable (GD) -2018 with photograph of the petitioner duly attested by the Medical Eye Specialist examining the petitioner on 10.02.2020 and that the said Specialist was holding the Designation of Refractionist and it was mentioned in the form that the petitioner was declared unfit by the Medical Officer CAPFs due to “defective distant vision B/E (9) B/L”, and that conscious of the previous opinion, the is a error of judgment due to following reasons - other reason not pertaining to visual acuity. All eye findings are within normal limit (6/6 6/6 ).” Therefore, it is submitted that the vision of the petitioner be re-examined/re-tested in any hospital or before any Medical Board which this Court may deem fit and proper. In support of his submissions, the learned counsel for the petitioner has referred to the case of Vikash Singh Vs. Union of India & Ors., S.B. Civil W.P. No. 10612/2020 decided by the Rajasthan High Court on 09.03.2021

4) The respondents have contested the writ petition by filing their joint affidavit-in-opposition. It is the stand of the respondents that the decision of the Review Medical Board was final and that no appeal would be entertained in respect of the finding of the second medical, i.e. Review Medical Examination. It has been stated that in order to be recruited in CAPFs and Assam Rifles, a candidate has to be found fit by a duly constituted Medical Board of the CAPFs and Assam Rifles, which carries out medical examination as per the guidelines issued by the Staff Selection Commission on 21.07.2018 at Para 9.IV and Ministry of Home Affairs vide their OM No. A.VI-1/2014-Rectt. (SSB) dated 20.05.2015 Para 9.1., having reg