Judgment M. M. Kumar, J. 1. This petition filed under Article 226 of the Constitution prays for quashing order dated 3.12.1992 ( Annexure P.4) discharging the petitioner from service under Rule 12,16 of the Punjab Police Rules (as applicable to Haryana) (for brevity the Rules) on the ground that the petitioner was found to have partial amputation of terminal phalynx of left forefinger. A further prayer has also been made for quashing order dated 12.10.1994 (Annexure P.10) passed by respondent no.2 reiterating the earlier order dated 3.12.1992 ( Annexure P.4 ). Brief facts of the case necessary for the disposal of the controversy raised in this petition are that the petitioner had appeared and was selected for recruitment as Constable in Commando Police, Haryana. The test was held from 6.1.1992 to 11.1.1992 in accordance with the Rules. The petitioner fulfilled all conditions of qualification, physical standard and age etc. as laid down for enlistment of Constables in Rule 12.15 and 12.16 of the Rules. Accordingly, he was asked to appear with some documents as is clear from the order dated 29.1.1992 ( Annexure P.1) which includes matriculation certificate, four passport size photographs and caste certificate in case of SC/bc. Thereafter, the petitioner was appointed as a member of Police force under the Police Act, 1861 vide order dated 15.4.1992 (Annexure P.2) and he joined for training at Police Training centre HAP Madhuban. He was subjected to medical fitness and was accordingly found medically fit at the time of joining training. However, on 3.12.1992, the medical Board, Karnal declared the petitioner medically unfit as he was found to have partial amputation of terminal phalynx of left forefinger. On the basis of the opinion expressed by the Medical Board, an order dated 3.12.1992 ( Annexure p.4) was passed discharging the petitioner from service. It would be appropriate to extract below the order dated 3.12.1992 ( Annexure P.4): "r/ Constable Hukam Singh No.416/cpf who appeared before the medical Board, Karnal on 20.11.1992, was medically and physically examined by the Board and found to have partial amputation of terminal phalynx of left forefinger. As such vide Rule no.12.16 for police recruits, in the opinion of the Medical Board, he is unfit therefore he is hereby discharged from service from PPR 12.21 with immediate effect as he is found unlikely to prove an efficient police officer. " 2. As such vide Rule no.12.16 for police recruits, in the opinion of the Medical Board, he is unfit therefore he is hereby discharged from service from PPR 12.21 with immediate effect as he is found unlikely to prove an efficient police officer. " 2. Thereafter the petitioner represented and his representations was forwarded to the Director Medical College, Rohtak by respondent no.2 - the director General Health Services, Haryana ( Annexure P.5 ). The Board of directors of Medical College, Rohtak re-examined the petitioner and according to the report submitted by the Medical Board he was found fit as is evident from the perusal of the letter dated 17.6.1993 (Annexure P.6 ). The petitioner again represented to respondent no.2 to withdraw the order dated 3.12.1992 (Annexure p.4) discharging him from service by citing the report ( Annexure P.6) of the medical Board, Rohtak that has found him medically fit but of no avail. Thereafter, the petitioner approached this Court by filing CWP No.10847 of 1994 which was decided on 12.8.1994. The Division Bench directed respondent no.2 to decide the representation of the petitioner. Accordingly, respondent no.2 passed an order dated 12.10.1994 ( Annexure P.10) dismissing his representation and respondent no.2 again rejected the claim of the petitioner by passing the order dated 12.10.1994 ( Annexure P.10) and operative part of the said order reads as under: "in view of the special physical requirements and standards of the commando Force, the discharge of ex. Const. Hukam Singh No.416/cpf in Dec. , 1992 was in order and no further interference/ intervention is called for at this stage. The second Medical Boards report is also conditional and somewhat ambiguous and hence cannot be deemed to be a specific medical clearance report. " 3. When the dispute raised in the instant petition came up for motion hearing before this Court on 18.1.1995, the Division Bench of this Court comprising of HON BLE Mr. Justice Ashok Bhan and HON BLE Mr. Justice Sat Pal (as their Lordships then were) had directed the petitioner to appear in person before the Bench. " 3. When the dispute raised in the instant petition came up for motion hearing before this Court on 18.1.1995, the Division Bench of this Court comprising of HON BLE Mr. Justice Ashok Bhan and HON BLE Mr. Justice Sat Pal (as their Lordships then were) had directed the petitioner to appear in person before the Bench. Accordingly on 14.2.1995, the petitioner had appeared and while issuing notice of motion, the afore-mentioned Division Bench had passed the following order: "challenge in this writ petition is to Annexure P.4 vide which the petitioner has been ordered to be discharged being unfit for police service on the basis of the report of the Medical Board. As per this report, the disability of the petitioner is partial amputation of terminal phalynx of left forefinger. Petitioner was directed to appear in person. We have seen the disfigurement of the terminal phalynx of left fore finger. Prima facie, it does not show that this disfigurement would prevent the petitioner from performing his duties. Notice of motion for 1.3.1995. Sd/ Ashok Bhan, judge sd/ Sat Pal judge. " 4. A perusal of the order dated 14.2.1995 would show that a prima facie view after observing the partial amputation of terminal phalynx of left forefinger the Division Bench had expressed that this disfigurement was unlikely to prevent the petitioner from performing his duties. On 18.7.1995, the petition was admitted. The stand of the respondent nos.1 to 5 in the written statement is that when a Constable is recruited to the Commando Force then he has to pass through more rigorous test and the recruitment is regulated by Standing Order 49 ( Annexurer/1 ). It has been pointed out that recruitment of such a Constable is made by a high powered Selection Committee which has of D. I. G. /rlys. Operation as its Chairman. The other members are three officers of the rank of s. P. to be nominated by the D. G. P. and one Professor or Reader or Lect. of psychology from any of the College or University for assisting the Board during interview. The eligibility criterion is , age between 17 to 21 years at the time of enrolment, height 5-7"minimum, chest 33"with expansion of 1 "; weight 50 kgs. and minimum Educational qualification is matriculation. of psychology from any of the College or University for assisting the Board during interview. The eligibility criterion is , age between 17 to 21 years at the time of enrolment, height 5-7"minimum, chest 33"with expansion of 1 "; weight 50 kgs. and minimum Educational qualification is matriculation. It has further been provided that the candidate is required to pass the following fitness test of the following standard: "100 Mtrs. run 14 seconds.800 Mtrs. Run 2 minutes 40 seconds. Long jumps 14 feet. High jump 4 feet. Putting the shot 21 feet. " 5. If a candidate has qualified the fitness test, he is required to undergo a written test to assess the level of his I. Q. which carries 50 marks. Those who score minimum prescribed marks are to be interviewed which is allocated 25 marks. The merit is determined on the basis of the performance in the written test and the interview. The final selection is also made dependent on the medical fitness which is to be examined by the medical authorities. It is thereafter that the basic trainning is imparted to the selected candidates. Anybody who fails to qualify the physical efficiency test equivalent to the one star of physical efficiency test, range classification and medical examination by doctor of Police Hospital is liable to be discharged from service. It has further been emphasised by placing reliance on the Standing Order ( Annexure R/1) that all police personnel especially recruited for the Commando Police Force were obliged to serve there till their transfer/ absorption to other unit of the State after attaining the age of 30 years. No transfer is permissible before the age of 30 years except by the approval of the director General of Police, Haryana. 6. A separate written statement has been filed by respondent no.6 and the report submitted by the re-convened Medical Board ( Annexure P.6) has been reiterated. Mr. Rameshwar Sharma, learned counsel for the petitioner has argued that the opinion expressed by the Medical Board of P. G. I. Rohtak ( Annexure P.6) does not leave any manner of doubt that the petitioner is absolutely fit for performing the duties of a commando constable. According to the learned counsel, respondent no.2 has taken a very unreasonable and arbitrary stance by observing that the second medical Board report is also conditional and ambiguous. Mr. According to the learned counsel, respondent no.2 has taken a very unreasonable and arbitrary stance by observing that the second medical Board report is also conditional and ambiguous. Mr. Sharma has maintained that the petitioner was appointed on 15.4.1992 and was sent for training at Madhuban the same day. He had almost completed his trainning and it was on 3.12.1992 at the time of preparation of his character roll when he was found to have partial amputation of terminal phalynx of left index forefinger. The petitioner is stated to have undergone rigorous test and thereafter rigorous training in terms of Standing Order 49 (Annexure R/1) and there was no inefficiency disclosed at any quarter on account of partial amputation of terminal phalynx of left forefinger. Learned counsel has also emphasised the prima facie opinion expressed by the Division Bench in its order dated 14.2.1995 that the disfigurement of the left index finger did not prevent the petitioner from performing his duties, after the petitioner was asked to appear before the Bench. Mr. Harish Rathee, learned State Counsel has emphasised that the petitioner was recruited to the Commando Force which is not an ordinary force recruiting the constable to district police. According to the learned counsel, such a constable in Commando Force is required to answer the standard of fitness strictly and no relaxation is possible except in case of chest measurement to the extent of 1"and that too for the members of the Scheduled Caste/ Scheduled Tribe and Backward Class. In that regard, the learned counsel has drawn my attention to clause 4 of the Standing Order No.49 (Annexure R/1) where the recruitment procedure, eligibility conditions etc. , have been given in detail. Learned State counsel has further pointed out that any one who fails to qualify the various tests is liable to be discharged. Emphasising that the rigor of the training for a Constable of commando force is of such a quality that ordinarily such like constables are transferred to other units after attaining the age of 30 years as only extremely fit persons are retained in the Commando Force. For the afore-mentioned purpose he has drawn my attention to clause 20 of the Standing Order 49 ( Annexure R/1 ). 7. I have thoughtfully considered the submission made by the learned counsel for the parties. For the afore-mentioned purpose he has drawn my attention to clause 20 of the Standing Order 49 ( Annexure R/1 ). 7. I have thoughtfully considered the submission made by the learned counsel for the parties. The Medical Board at PGI Rohtak has examined the petitioner by appointing two Orthopaedic Surgeons. It has been recorded by the board of two doctors that the petitioner was suffering from partial amputation of terminal phalynx of left index finger. However, the function of D. I. P. joint of left index finger was found intact and the power of pinch and grip was also found to be good. The opinion of the Board as recorded in the communication dated 17.6.1993 (Annexure P.6) reads as under: "he has been suffering from partial amputation of terminal phalynx of left index finger. However, the function of D. I. P. joint of left index finger is intact and the power of pinch and grip is also good. " 8. In the opinion of the Board he should have no problem in performing various day to day activities. However, if some special functions are required to be performed for his duties as a constable he may be subjected to a practical test involving the specific activities and if he can do them satisfactorily there should be no reason for his being unfit for the job. Sd/- Signature of the applicant Sd/- 1. Dr. S. K. Moda, head Unit II, Deptt. Of orthpaedics MCHR 17.6.1993 sd/- Dr. N. K. Magu, Reader, deptt. Of Orthpaedics MCHR. " 9. It is also worthwhile to notice that at the time of selection as constable Commando Force, the petitioner has been found fit in all respects. He fulfilled the following eligibility conditions: "i) Age: Minimum of 17 years and maximum 21 years at the time of enrollment. ii) Height: 5-7"minimum iii)Chest: 33"with expansion of 1 1/2" iv)Weight: 50 Minimum. v) Educational Matriculation (minimum)qualification. Relaxation: Candidates belonging to Scs/sts/bcs categories shall be given relaxation only in the standard of chest by 1". 10. It is further pertinent to notice that he had also passed the following qualifying fitness test: "100 Mtrs. Run 14 seconds 800 Mts. Run 2 minutes 40 seconds. Long jumps 14 feet. CWP 956 of 1995 8 high jump 4 feet. Putting the shot 21 feet. 10. It is further pertinent to notice that he had also passed the following qualifying fitness test: "100 Mtrs. Run 14 seconds 800 Mts. Run 2 minutes 40 seconds. Long jumps 14 feet. CWP 956 of 1995 8 high jump 4 feet. Putting the shot 21 feet. After qualifying the afore-mentioned test, he took the written test for assessment of his I. Q and having qualified the written test he was called for interview and then selected. At the time of issuance of appointment letter, he was subjected to medical examination and was found fit in all respects. It was only thereafter that the petitioner was sent to Police Training Centre, HAP, Madhuban on 15.4.1992 where he remained under training upto 3.12.1992. According to clause 6 of Standing Order 49 dealing with the training of Constable Commando force, special stress has been laid on the following subjects viz: "i) Physical fitness. ii)Mental alertness iii) Commando Tactics. iv) Weapon training. v) Unarmed Combat and Bayonet fighting vi)Confidence tests. vii)Scouting. viii)Rock Climbing ix) Navigation. x) Intelligence. xi)Escape and evasion. xii)Combat survival. xiii) Patrolling. xiv) Hot pursuing on highways/ roads and searches in close places. xv)Raids and Ambushes. xvi)Body traps i. e. laying traps for apprehension of terrorists. xvii)Demolition. xviii)Water crossing expeditions. CWP 956 of 1995 9 xix)Roads blocks. xx) Terrorist counter terrorism. xxi)Insurgency/ Counter insurgency xxii)VIP Security including anti hijacking and Air Craft Security. xxiii) Handling of Explosives including Bomb disposal xxiv)Training of drivers on motor cycles and light vehicles. xxv) Handling of wireless sets. xxvi)First Aid and Ambulance Drill. " 11. The petitioner has undergone all the afore-mentioned training. However, the career of this meritorious constable was cashiered despite the fact that the Medical Board of two Orthpaedics Doctors of PGI Rohtak has found him fit and partial amputation of terminal phalynx of left index finger was held to be no obstacle in the performance of his duties. The view of the Medical Board is also supported by the observations made by the Division Bench of this Court as recorded in the order dated 14.2.1995 when the petitioner had appeared in person on the basis of the directions issued and it was been found by the Division Bench that the disfigurement could prevent the petitioner for performing his duties. 12. 12. The argument of the learned State counsel that doubt has been expressed by the Director General of Police in the impugned order dated 12.10.1994 does not require any detailed examination because the observations made by the Medical Board in its report dated 17.6.1993 (Annexure P.6) cannot be overruled by him. It is well settled that the expression of opinion is final and the administrative authorities like the Director General of Police cannot be held entitled to reject such opinion unless it is concluded that such opinion was expressed on extraneous consideration or the result of some bias. For the aforementioned proposition reliance could be placed on a judgement of the Supreme court in the case of U. O. I V/s. Baljit Singh 1996 (11) SCC 315, Controller of defence Accounts V/s. S. Balachandran Nair 2005 (13) SCC 128 and Union of India and another V/s. Dhir Singh China 2003 (2) SCC 382. It is pertinent to notice that the board has merely observed, as is obvious from its extracted portion of the opinion, that in some special case requiring him to perform special functions as a constable he may be subjected to a practical test involving the specific activities and if he could do them satisfactorily then there was no reason to declare him unfit for the job. This opinion expressed by the Medical Board does not wipe out their rest of the opinion given in the earlier portion of the opinion. One would be inclined to tilt in favour of the opinion given in favour of the petitioner because he had gone through the test for selection and thereafter substantial part of the training. He did not confront any problem necessitating a declaration that he was medically unfit and therefore I do not find any merit in the contentions raised by the learned State counsel. 13. For all the reasons mentioned above, this petition succeeds and is accordingly allowed. The impugned order dated 3.12.1992 (Annexure P.4) and order dated 12.10.1994 ( Annexure P.10) are hereby quashed. As a consequence, the respondents are directed to take the petitioner back in service as a Constable commando Force. The petitioner is deemed to be appointed on 15.4.1992 ( Annexure P.2 ) and shall be entitled to all consequential benefits except pay. The impugned order dated 3.12.1992 (Annexure P.4) and order dated 12.10.1994 ( Annexure P.10) are hereby quashed. As a consequence, the respondents are directed to take the petitioner back in service as a Constable commando Force. The petitioner is deemed to be appointed on 15.4.1992 ( Annexure P.2 ) and shall be entitled to all consequential benefits except pay. However, he shall be entitled to re-fixation of his pay on the assumption that he was appointed and joined on 15.4.1992. The question as to whether he shall continue to serve as a Constable in Commando Force or transferred / absorbed in any other unit of Haryana Police is left to the discretion of respondent no.2. The afore-mentioned direction has become necessary because the petitioner has already crossed the age of 30 years. The needful shall be done within a period of two months from the date a certified copy of this order is received by the respondents.