HON’BLE MRS JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.34855 OF 2023

ORDER:

Heard Sri Srinivasa Rao Bodduluri, learned counsel appearing on behalf of the petitioner and Smt. P.N.V.Maha Lakshmi, learned counsel representing Sri Gadi Praveen Kumar, learned Deputy Solicitor General of I ndia appearing on behalf of the respondents.

2. The petitioner approached the Court seeking prayer as under:

“.....to issue a writ, direction or order more particularly one in the nature of a Writ of Mandamus, declaring the Memorandum Result of Review Medical Examination dated 16-12-2023 issued by the respondent no.3 and thereby declaring the petitioner as unfit in the Recruitment of Constable/Fire (Male) 2021 in the Central Industrial Security Force, as being illegal, arbitrary, violation of principles of natural justice and further violative of Article 14, 16 and 21 of the Constitution of India and consequently direct the respondents to consider the petitioner for the post of Constable (Fire) in the Recruitment of Constable/Fire (Male) 2021 in the Central Industrial Security Force and pass....”

3. The case of the petitioner, in brief, is that the petitioner applied for the post of Constable (Fire) in Central Industrial Security Force under the 2021 recruitment and cleared all stages, including the written and physical tests. However, the petitioner was declared medically unfit vide memorandum result of Review Medical Examination dated 16.12.2023 due to defective vision which is recorded as Right Eye 6/9 and Left Eye 6/18. In the Review Medical Examination, the petitioner’s vision was recorded as Right Eye 6/6 and Left Eye 6/12, yet he was again declared unfit without clear justification. However, independent examinations from two reputed Eye Hospitals confirmed the petitioner’s vision as Right Eye 6/6 and Left Eye 6/6, indicating no defect. Aggrieved by the Review Medical Examination result dated 16.12.2023 issued by the respondent No.3, the petitioner filed the present writ petition.

PERUSED THE RECORD:

4. The counter affidavit has been filed on behalf of the respondents and in particular, paragraph No.18 is extracted hereunder:

“18. Reply with regard to Para (9), it is submitted that the averments made in the para is denied. In the instant case, during the medical examination carried out by both the medical board, the eyesight of the petitioner was found different due to board methods/process, which is as follows: -

* Natural Method: First reading is taken in a normal method by making the candidate read the letter from a certain distance and accordingly eyesight status is recorded. This process was followed in DME * Method using lenses and equipment's: Eyes were checked by using different lenses and distances both to give the exact status of eyesight. This process is followed during RME and it gives correct eyesight power of candidate.

* Sarojini Devi Eye Hospital senior Doctor and their team have reviewed the eyesight in front of doctor's review board, executive board and all candidates in a transparent matter. Accordingly, their result was declared.”

5. The petitioner filed I .A.No.1 of 2023 seeking prayer as under:

“This Hon’ble Court may be pleased to refer the petitioner for medical examination to any independent medical board, pending disposal of the above writ petition and pass such other order or orders as may deem fit and proper in the circumstances of the case.”

6. Learned counsel appearing on behalf of the petitioner submits that the writ petition could be disposed of referring the petitioner for medical examination to any independent Medical Board.

7. Learned counsel appearing on behalf of the Central Government opposes the said prayer saying that the same is not permissible since the decision of the Review Medical Board is final and no further appeal will be entertained against the finding of the Review Medical Board.

8. Learned counsel appearing on behalf of the respondents further contends that there is no signature on the reports furnishe