Courts may intervene in recruitment processes to mandate re-evaluation by medical boards when there is a prima facie discrepancy between a disqualifying physical assessment and objective diagnostic evidence, ensuring determinations of fitness are based on the totality of medical records.

JUDGMENT :

SOUMITRA SAIKIA, J.

Heard Mr. M.H. Laskar, learned counsel for the petitioner. Also heard Mr. S.S Roy, learned CGC for the respondents.

2. The petitioner, in response to the advertisement dated 05.09.2024 issued by the Staff Selection Commission, applied for the recruitment to the post of Constable (GD) in the Central Armed Police Forces (CAPFs), SSF, and Rifleman (GD) in Assam Rifles and Sepoy in Narcotics Control Bureau Examination for the year-2025. The petitioner claims to assert eligibility for the post, thus participating in the recruitment process. The petitioner was declared successful in both the Computer Based Test as well as the Physical Standard Test (PST)/Physical Efficiency Test (PET). However, during the Medical Examinations, i.e. Detailed Medical Examination, he was found unfit on the grounds of (i) Left Shoulder lower than right and (ii) Left shoulder griddle asymmetry. After DME, he was sent for opinion before the Silchar Medical College and Hospital which also returned a finding that the Right Scapula is at higher level. The Civil Hospital had also undertaken an X-ray where the X-Ray report reflects the following:

(i) Bony outline and density appear normal; (ii) the visualized joint spaces appear normal; and (iii) the soft tissue shadow appears normal.

3. All these reports were placed before the Review Medical Examination (RME) and the RME sustained the report of the DME and rejected the petitioner. Although the petitioner was examined by the Silchar College and Hospital, Department of Orthopedics and they have noted the conditions of the petitioner’s health condition namely Right Scapula at higher level and muscle power is found to be normal. The fact is that there is no opinion rendered by the Silchar Medical College and Hospital although the X-Ray report is also available that as to whether the petitioner is or is not fit for employment under the CAPF.

4. In the opinion of the Court where there is a medical opinion sought for and prima facie it appears to the Court that the X-Ray report conducted does not reflect any infirmity.

5. Upon perusal of the report, which is the part of the record, which are placed before the Court, the Court is of the view that the petitioner can be permitted to file a representation before the respondent No. 5-Review Medical Board for re-examination of the petitioner along with all medical records available in the records and the report of the Silchar Medical College and Hospital, Orthopedic Department. If the petitioner is otherwise found suitable in terms of the examination undertaken at the Silchar Medical College and Hospital then consequential orders for selection and appointment of the writ petitioner should be issued. The petitioner is permitted to file a representation within 10 days from the date of receipt of certified copy of this order. Upon receipt of such a representation, we direct the RME will conduct the medical review within further period of 60 days therefrom.

6. The writ petition stands accordingly disposed of. Interim order if any stands merged.