JUDGMENT :

SANJAY DHAR, J.

01. The petitioner, through the medium of the present petition, has sought a direction upon respondents No. 2 to 5 to conduct fresh review medical examination of the petitioner from an independent Medical Board of Ophthalmology Department of Government Medical College Hospital, Jammu or any other Board.

02. The brief facts of the case are that an advertisement notification came to be issued by respondent No. 6 (Staff Selection Commission) on 24.11.2023, inviting applications for recruitment of Constable (GD) in Central Armed Police Forces (CAPFs), SSF and Rifleman (GD) in Assam Rifles.

03. Pursuant to the aforesaid advertisement notification, the petitioner submitted his application for being considered for appointment to the advertised posts. He was assigned Roll No. 1004023773 and was asked to appear for the examination on 28.10.2024. The petitioner is stated to have passed PTS and PET and he is also stated to have undergone the process of document verification successfully.

04. On 29.10.2024, detailed medical examination (DME) of the petitioner was conducted but he was found suffering from Myopia, Squint and Knock Knee and as such declared unfit for the post. He was, however, given an opportunity to undergo review medical examination. Accordingly, the petitioner underwent review medical examination on 05.11.2024 and this time, he was cleared of Myopia and Knock Knee but was found to be suffering from presence of Squint in his right eye and was found unfit. The petitioner got himself examined by the Ophthalmology Department of Government Medical College Hospital, Jammu where the doctor, after examining him, found that there is no evidence of Squint in his right eye.

05. The petitioner has challenged the impugned action of the respondents in rejecting his candidature on the grounds that he does not suffer from the disability, which has been pointed out by the Review Medical Board and this fact has been certified by the Ophthalmology Department of Government Medical College Hospital, Jammu. It has been contended that the action of the respondents is patently illegal and arbitrary. Therefore, the Review Medical Examination report dated 05.11.2024 deserves to be quashed. According to the petitioner, he has been casually examined by the doctors at the time of his first medical examination and also at the time of review medical examination. Therefore, the said reports cannot be relied upon.

06. The respondents, in their reply, have admitted the factual aspects of the case so far as they relate to reasons for rejection of the petitioner are concerned. It has been submitted that there is no provision of third medical examination as per the existing medical policy. The respondents have relied upon the directions issued by MHA vide U.O No. I-45023/10/2005-Pers-II dated 24.08.2005 which provides that no appeal against the decision of the Review Medical Board can be entertained. It has been submitted that as per the provisions contained in the advertisement notification, the petitioner cannot be appointed as Constable (GD) in the Central Armed Police Force because he has been declared as medically unfit.

07. The respondents have submitted that because fitness of a soldier is the paramount requirement in a force, as such, the petitioner cannot claim selection after having been declared as unfit. It has been further submitted that the petitioner has been examined by the specialist and experienced doctors, who are fully conversant with the requirements of the organization, therefore, their opinion cannot be discarded.

08. I have heard learned counsel for the parties and perused record of the case.

09. The main ground on which the petitioner is seeking direction for constitution of a fresh medical board for fresh examination of the petitioner is that the petitioner was examined by the specialists in Ophthalmology Department of Government Medical College Hospital, Jammu and they have declared that he does not suffer from Squ