IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.553 of 2022 In Civil Writ Jurisdiction Case No.9905 of 2022 ======================================================

Vijendra Kumar Sah, S/o Shri Kameshwar Sahu, Resident of Village- Bishanpur- Shivram, Ward No.- 6, P.S.- Balua Bazar, District- Supaul, Pin Code- 854339.

... ... Appellant.

Versus

1. The Sate of Bihar through its Chairman, Central Selection Board (Constable Recruitment), Sardar Patel Bhawan, 6th Floor, Block-A/626, Jawahar Lal Nehru Marg, Patna-800023.

2. The Chairman of Central Selection Board (Constable Recruitment), Sardar Patel Bhawan, 6th Floor, Block- A/626, Jawahar Lal Nehru Marg, Patna-

800023.

3. The Principal Secretary Department of Home (Constable Branch), Old Secretariat, Patna, Bihar.

4. The Chief Conservator of Forest, Gosai Tala, Patliputra, Patna.

5. The Civil Surgeon-cum-Chief Medical Officer, Gardanibagh, District- Patna. 6. Medical Board Presided by Civil Surgeon-cum- Chief Medical Officer, Gardanibagh, District- Patna.

... ... Respondents.

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Appearance :

For the Appellant : Mr. Awadhesh Kumar Mishra, Advocate.

Mr. Shiv Pujan Sahay, Advocate.

Ms. Pragati Singh, Advocate.

Mr. Shashank Shekhar, Advocate.

Ms. Shivani Mishra, Advocate.

For the State : Mr. Sarvesh Kumar Singh ( AAG-13 ).

For CSBC : Mr. Sanjay Pandey, Advocate.

Mr. Vivek Anand Amritesh, Advocate.

Mr. Binod Kumar Mishra, Advocate.

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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE S. B. PD. SINGH

ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

Date : 29-04-2025 The appellant has assailed the order of the learned Single Judge dated 22.09.2022 passed in C.W.J.C. No.9905 of

2022.

2. The matter was heard at length on 24.02.2025 and the following order was passed:

“Grievance of the appellant is that he is a candidate for recruitment to the post of Forester/Forest Guard in the Environment, Forest and Climate Change. He has been non-suited on account of unfit remark in the medical test that he is suffering from Colour Vision – Abnormal. To this effect, the Medical Board has given the finding on 06.05.2022. Perusal of the Medical Certificate dated 06.05.2022, it is not evident as to who is the ophthalmologist who has post graduation qualification. In order to give quietus to the litigation, let appellant be subjected to re-medical examination in the All India Institute of Medical Sciences, Patna. The Superintendent, AIIMS Hospital, Patna is requested to arrange for medical board to examine the physical fitness of the appellant only insofar as whether he has Colour Vision – Abnormal or not ? In this regard, if two ophthalmologist with post graduation are available, in that event, they may constitute a medical board consisting of two doctors and report shall be furnished in a sealed cover to this Court.

2. The appellant is hereby directed to bear the expenses and it is quantified at Rs. 5,000/- (Rupees Five Thousand). Five Thousand medical fees shall be remitted in the Office of the Superintendent, AIIMS Hospital, Patna within a period of two weeks. The concerned authority is requested to furnish the medical report within a period of six weeks from today.

3. Copy of this order shall be furnished to the Superintendent, AIIMS Hospital, Patna.

4. Relist this matter on 28.04.2025.”

3. We are in the receipt of Disability Medical Board Opinion dated 28.03.2025 of the appellant issued by the All India Institute of Medical Sciences, Patna and it reads as under:

“Medical Board Opinion:

• Patient examined on 11.03.2025 and

25.03.2025 by Ishihara’s Pseudoisochromatic Plates and found defective for red-green colour blindness.

• However, a farnsworth-munsell 100 hue test/

farnsworth lantern color vision test is recommended for evaluation of ability to evaluate subtle colour differences and thus, the subject can be referred to a higher center for the same as this facility is not available at