The decision emphasized the authority of the Respondents to examine the suitability and eligibility of candidates for a position, particularly in terms of medical fitness.

JUDGMENT :

Rajnesh Oswal, J.

1. The Appellant is aggrieved of Judgment dated 11th of October, 2017 passed by the learned Writ Court in SWP No. 1648/2015, whereby the Writ Petition filed by the Appellant; challenging the action of the Respondents in not appointing him as Constable on account of him being medically unfit; has been dismissed.

2. The case of the Appellant is that he qualified the written examination and trade test conducted by the Respondents for the post of Constable (Technical/ Trade), but was, thereafter, declared unfit for the said post during the medical examination on 29th of April, 2015. Feeling aggrieved thereby, the Appellant preferred an appeal against the declaration of the aforesaid medical unfitness before the competent authority, pursuant to which the Appellant was again examined by the Review Medical Board which, too, declared him unfit on account of defect in colour vision on 22nd of June, 2015. Thereafter, the Appellant assailed the said Order before the learned Writ Court on the ground that the colour vision of the Appellant was normal in both the eyes as per the certificate issued by the Medical Board of District Hospital, Baramulla and that, on 22nd of June, 2015, the Appellant, in fact, was not subjected to any physical examination, but one of the Doctors asked certain questions about the unrest of Kashmir Valley and participation of particular community against the interest of the country.

3. The Respondents filed their Response in opposition to the Writ Petition filed by the Appellant, wherein it was stated that the Appellant had applied for the post of Constable (Cook) and, after qualifying the initial written test, he appeared for medical examination on 29th of April, 2015, wherein he was declared medically unfit due to colour blindness. It was contended that, thereafter, on the appeal preferred by the Appellant, the Appellant was again examined by the Review Medical Board at Group Centre, CRPF, Allahabad, Uttar Pradesh, where, again, the Appellant was found medically unfit due to defective colour vision. It was also stated by the Respondents that the appeal filed by the Appellant was accepted by the competent authority as the Appellant had produced the medical certificate and it was only thereafter that the Review Medical Examination of the Appellant was ordered. It was also pleaded that since the Appellant had levelled serious allegations against the Review Medical Board, as such, he should have arrayed the said Medical Board as party Respondent in the Writ Petition which he did not choose to do.

4. After considering the pleadings on record and hearing the learned Counsel for the parties, the learned Writ Court, vide its Judgment dated 11th of October, 2017, dismissed the Writ Petition filed by the Appellant.

5. Being aggrieved of the aforesaid Judgment dated 11th of October, 2017, the Appellant has challenged the same through the medium of the instant appeal, inter alia, on the ground that the learned Writ Court has not appreciated the contentions raised by the Appellant in their true and correct perspective and without foreseeing the consequences of the Judgment, the Appellant has been declared as unfit and a stigma has been cast upon the very personality of the Appellant.

6. Mr. M.M. Khan, the learned Counsel appearing for the Appellant, vehemently argued that the Appellant does not have any defect in colour vision and that there are contradictions between the original opinion of the Medical Officers of the CRPF and the opinion of the Medical Officers during the Review Medical Examination of the Appellant. The learned Counsel further argued that the learned writ Court has virtually declared the Appellant as handicapped.

7. Per Contra, Mr. Tahir Majid Shamsi, learned Deputy Solicitor General of India (DSGI), appearing on behalf of the Respondents, argued that the Appellant was twice examined by different Medical Officers and, during both examinations, it was found that the colour vision of the