GAHC010102302024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/2733/2024 SUMAN DAS S/O- LATE JITEN NARAYAN, VILL.- DASPARA, P.O. AND P.S.- MAHENDRAGANJ, DIST.- SOUTH WEST GARO HILLS, MEGHALAYA, PIN- 794106.

VERSUS THE UNION OF INDIA AND 7 ORS MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS, DEPARTMENT OF PERSONNEL AND TRAINING, STAFF SELECTION COMMISSION, BLOCK NO. 12, CGO COMPLEX, LODHI ROAD, NEW DELHI- 110003.

2:THE REGIONAL DIRECTOR (NORTH EASTERN REGION)

STAFF SELECTION COMMISSION HOUSEFED COMPLEX LAST GATE BELTOLA-BASISTHA ROAD P.O.- ASSAM SACHIVALAYA DISPUR GUWAHATI-6.

3:THE DIRECTOR GENERAL CRPF (RECRUITMENT BRANCH)

EAST BLOCK-7 LEVEL-4 SECTOR-01 RK PURAN NEW DELHI-110066.

4:THE DEPUTY INSPECTOR GENERAL/ PRINCIPAL CISF MAHARANA PRATAP RECRUIT TRAINING CENTRE (MPRTC)

BEHROR RAJASTHAN- 301713.

5:THE SENIOR COMMANDANT-CUM-CHAIRMAN DOSSIERS SCRUTINY BOARD REGIONAL RECRUITMENT CENTRE NE ZONE HEAD QUARTER GUWAHATI BEHARBARI NEAR A.G. COLONY HOCKEY STADIUM ROAD KAMRUP (ASSAM)

GUWAHATI- 29.

6:THE CHIEF MEDICAL OFFICER (SG)

CISF MAHARANA PRATAP RECRUIT TRAINING CENTER (MPRTC)

BEHROR RAJASTHAN- 301713.

7:THE REVIEW MEDICAL EXAMINATION BOARDS OF REFERRAL HOSPITAL ITBP GREATER NOIDA- 201301.

8:THE REVIEW MEDICAL EXAMINATION BOARDS OF BSF HOSPITAL-1 R.K. PURAM NEW DELHI- 110001 Advocate for the Petitioner : MR R ISLAM, S PAUL,MS. A HUSSAIN Advocate for the Respondent : DY.S.G.I., SC, HEALTH,MR. B GOGOI,MRS S BARUAH BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR

ORDER

06.02.2026 Date :

Heard Mr. R. Islam, learned counsel for the petitioner and also heard Ms. S. Baruah, learned CGC. Mr. B. Gogoi, has appeared on behalf of the Medical Board being authorized with the Director of Health State of Assam which was requested to carry out medical board of the petitioner with regard to the allegations that he has Defective Colour Vision. The earlier order of this Court of 19.09.2025 reflects as follows:

“Heard Mr. R. Islam, learned counsel for the petitioner and Ms. S. Baruah, learned CGC.

The grievance raised in the instant writ petition, is rejection of the petitioner's appointment to the post of Constable in the Central Industrial Security Force (CISF), pursuant to the recruitment process in question; on the ground that he is medically unfit due to lack of requisite eye vision.

Mr. Islam, learned counsel for the petitioner submits that in the first round of the medical examination, conducted by the respondent authorities; he, being medically found fit, was given the provisional appointment by letter dated 22.08.2023, subject of-course, to a fresh medical examination.

Mr. Islam further submits that pursuant to his joining, he was again medically examined;

wherein, he was declared unfit, due to Defective Colour Vision (CPV) for which, he was found not suitable for the post in question and accordingly, his provisional appointment order was withdrawn by order dated 16.01.2024.

It is pertinent to note that though, an appeal was also preferred before the Review Medical Board, which, also after examining him, found him unfit. However, it appears that subsequent to his being found medically unfit by the respondent medical review board, two independent medical authorities upon examining him; one being the Registrar of Ophthalmology, Regional Institute of Ophthalmology, Guahati Medical College and Hospital (GMCH), Guwahati, on 02.03.2024 and the other, being the Associate Professor, Department of Ophthalmology, All Indian Institute of Medical Sciences (AIIMS), Guwahati, on 06.03.2024; he was declared free from Defective Colour Vision, likely to interfere with the efficiency of his/her work and found him/her possessing good health. In view of the conflicting medial opinions, and having regard to the nature of employment involved, this Court is of the considered view that the matter requires an independent Medical Opinion.

Accordingly, it is directed that an independent Medical Board be constituted by th