Point of Law: Recruitment - Medically unfit - Prima-facie visual impression that the internal malleolar distance is more than the 05 cm scale, which is the cause of rejection of the candidature.

JUDGMENT :

KALYAN RAI SURANA, J.

1. Heard Mr. R. Bora, learned counsel for the petitioner, Mr. B. Deka, learned Central Government Counsel for the respondent nos. 1 to 4 and Mr. S.S. Roy, learned Government Advocate for respondent no. 5.

2. The petitioner had participated in the “Constables (GD) in Central Armed Police Forces (CAPF), NIA and SSF and Rifleman (GD) in Assam Rifles (AR) Examination, 2018” pursuant to advertisement published in Employment News, 21-27 July, 2018 edition. The petitioner qualified in the written test and was thereafter called for Medical Test and as per Medical Test Report dated 23.01.2020, the petitioner was declared unfit. Thereafter, for the purpose of filing appeal against medical unfitness, the petitioner got himself examined in Diphu Medical College and Hospital at the Department of Ophthalmology and the Registrar of the said Department as well as the Senior Medical and Health Officer (ENT Specialist) of the said Diphu Medical College and Hospital considered the three grounds of declaring the petitioner as medically unfit, issued a “medical fitness certificate” dated 29.01.2020 in the prescribed Form No. 3 CAPF Constable (GD) 2018, thereby declaring to the following effect that:

“(1) Colour Vision is within normal limit.

(2) Intercondylar/Intermalleolar distance is within physiological limit and will not cause any impact in carrying out normal physical activity.

(3) Wax cleaned and ears found to be normal.”

Armed with the said certificate, the petitioner preferred an appeal against medical unfitness, and the Review Medical Examination (RME for short) was held on 08.10.2020. However, in the RME, while the Colour Vision and Ear was found in favour of the petitioner, but by giving a finding to the effect that “Gross knock knee IMD more than 5 cm, the petitioner was again declared unfit on account of “Knock knee.” Accordingly, the petitioner has filed this writ petition under Article 226 of the Constitution of India and has prayed for a direction for having the petitioner re-examined by a medical board consisting of specialists or State Medical Board and/or to direct the respondent authorities to appoint the petitioner as Constable (GD) in Central Armed Police Forces (CAPF), NIA and SSF and Rifleman (GD) in Assam Rifles (AR).

3. Assailing the finding of the Medical Test and RME declaring the petitioner to be medically unfit on account of knock-knee, the learned counsel for the petitioner has submitted that subsequent to the RME, the petitioner had got himself examined by Dey’s Nursing Home, Hojai as well as in the Gauhati Medical College & Hospital and his knock knee was found to be under normal limits. Accordingly, it is submitted that the petitioner had not only suffered discrimination by the respondent authorities but his case was not properly considered and that the RME was perfunctorily conducted with a view to reject the candidature of the petitioner. It is submitted that as the medical reports of the petitioner as given by Doctors of two Medical College and Hospitals in the State of Assam is poles apart from the one given by recruitment medical examination and RME, this is a fit and proper case for the Court to issue a direction for a re-examination of the case of the petitioner for ascertaining if he is actually suffering from any knock-knee. In support of his submissions, the learned counsel for the petitioner has placed reliance on the following cases, viz. (i) Baikuntha Rajbongshi vs. Union of India and Others, (2008) 4 GLR 424 : 2018 Legal Eagle (Gau) 243 and (ii) Devinder vs. Border Security Force and Another, W.P. (C) No. 8130/2011 decided on 18.11.2011.

4. Per contra, the learned CGC has submitted that the Medical Fitness Test as well as Review Medical Examination are based on “Guidelines for recruitment medical examination in CAPF and Assam Rifles” revised as on May, 2015, which lays down the procedure for examination for “knock-knee” deformity. By producing the original record of the Estt.