ORDER : 1. This writ petition has been filed to declare the action of the respondents in not appointing the petitioner as Constable by declaring the proceedings of the 1st respondent, dated 28.01.2014 and proceedings of the 2nd respondent, dated 22.03.2014, as illegal, arbitrary and void and for consequential direction to the respondents to reexamine the claim of the petitioner by taking into consideration the Medical examination test conducted by Civil Assistant Surgeon and C.M.O., King George Hospital, Visakhapatnam, dated 30.01.2014 and also the case of the similarly situated persons like the petitioner, who are appointed as Constables and appoint the petitioner as Constable, with all consequential benefits. 2. The case of the petitioner is that the petitioner applied for the post of Constable (GD) in CAPFs & RILEMAN (GD) in Assam Rifles, 2013, conducted by Staff Selection Commission with Roll No.80007500323 under OBC category and successfully appeared in written examination on 12.05.2013. The respondents have also conducted Physical Efficiency Test (PET) and Physical Standard Test (PST) for Constable (GD) in CAPFs for the year 2013-14 and he qualified in all required tests like Weight bar, 5 Kms. Race in 24 minutes, Height and Chet expansion test successfully and in final result, at column No.10 he was declared to be qualified. Thus, he is fully eligible and entitled to be appointed as Constable under the selection process. 3. Learned counsel for the petitioner submits that the petitioner’s both little fingers are not formed totally by birth, for which he cannot be treated as a Handicapped or Physically unfit, since it will not come in the way of the usual and regular works attended by the petitioner. 4. Learned counsel for the petitioner further submits that the petitioner was examined by the Medical Board on 28.01.2014 and he was declared as Unfit, without considering the fact that the little fingers will not have any role while discharging his duties. Aggrieved by the same, the petitioner underwent another Medical Test at King George Hospital, Visakhapatnam on 30.01.2014 where the Civil Assistant Surgeon and C.M.O., King George Hospital, has conducted Medical Fitness Test and certified that the petitioner is fit for job by observing that the petitioner has deformity of little finger of both hands abnormal and is not an abnormality to impact on function and perform and hence, the petitioner can be treated as normal and fit for job. Pursuant to the said certificate, the petitioner preferred an appeal before the 3rd Respondent for review Medical examination for Combined Recruitment of Constable (GD) in CAPFs for the year 2013-14 wherein the 3rd respondent directed the petitioner to attend for Review Medical examination test on 13.03.2014 and accordingly, he attended for the same. But, the 3rd respondent issued result of Review Medical examination on 22.03.2014 by declaring the petitioner as unfit on account of deformity of little finger of both hands. The impugned orders are exfacie illegal, thus liable to be set aside. 5. Leaned counsel for the petitioner contends that when he was appeared for Medical examination on 13.03.2014, no Doctor was personally examined the petitioner, instead of Doctors, their Attenders/Assistants have examined the petitioner, which is not permissible under law. Further he contends that along with the petitioner, one Mr. Bongu Trinath, was also appeared for Medical examination, whose fingers also not in proper and one of his hand three fingers are not in proper and another hand two fingers are not in proper, but the Doctors certified him to be fit for appointment. Thus, the action of the respondents is absolutely discriminatory. 6. The respondent Nos.2 and 3 filed their counter-affidavits. 7. In the counter-affidavit the 2nd respondent submits that after the petitioner being qualified in PET & PST and written examination, he was subjected to detailed initial Medical Examination on 28.01.2014 at CISF National Industrial Security Academy, Hyderabad Hospital. In the said medical examination the petitioner was declared Unfit for deformity of little fingers in both the hands. Thereafter, the petitioner applied for Review Medical Examination with requisite fitness certificate issued by Civil Assistant Surgeon, King George Hospital, Visakhapatnam, dated 30.01.2014. 8. The 2nd respondent contends that as per the guidelines issued by the Additional Director General (Medical), CAPFs UO No.1/06/ADG(Med)/Guidelines/METCt/ GD/731, dated 13.07.2011 – sub paras (g) & (j) of para 8, the recruits limbs should be well formed and fully developed and he should not have congenital malformation or defects. Basing on the said guidelines, any recruit of any deformity can be disallowed irrespective of what impact on his performance and functions. 9. Learned counsel for the 2nd respondent further submits that in an Armed Force all limbs of a recruit should be well formed and fully developed, no matter how efficient he proves in his job and functions. Basing on the said guidelines, any recruit of any deformity can be disallowed irrespective of what impact on his performance and functions. 9. Learned counsel for the 2nd respondent further submits that in an Armed Force all limbs of a recruit should be well formed and fully developed, no matter how efficient he proves in his job and functions. The petitioner himself admits that his both little fingers are not formed totally by birth. But in the Armed Force any malformation of limbs by birth will be summarily rejected. Even a tattoo on the limbs of a recruit will straightaway disqualify the candidatureship in Armed Force. Tottoo is very insignificant thing. Such negations are very hard to believe but these facts are very much existent in Armed Force. 10. Learned counsel for the 2nd respondent further contends that the contention of the petitioner that the Medical Board has extended medical treatment to the candidates of similar deficiency or minor deficiency and after rectifying the same they were declared fit for appointment and that the same benefit was not provided to the petitioner, is totally wrong. In fact, there was no discrimination of treatment among the petitioner and other candidates. 11. In pursuance of the Interim orders passed by this Court on 29.04.2014, the Doctors of NIMS examined the petitioner on 12.06.2014 and given the report to the department as per the directions of this Court. 12. In the counter-affidavit, the 3rd respondent contended that since the petitioner was declared Unfit by the Medical Board at Hyderabad for Deformity of little fingers in both the hands at the time of Detailed Medical Examination (DME), the Commission was left with no other option but to disqualify his candidature on the basis of the result of DME. 13. So far as the role of the Commission is concerned, it acts as a Recruitment Agency for various posts including the Recruitment of Constables (GD) in CAPFs and Rifleman(GD) in Assam Rifles, 2013. It is reiterated that the Commission has no role to play in the conduct of Detailed Medical Examination (DME)/Review Medical Examination (RME), as the same is the sole responsibility of the concerned Central Police Organization (CPO) and the Commission is in no way responsible for the decision of the Medical Boards. It is reiterated that the Commission has no role to play in the conduct of Detailed Medical Examination (DME)/Review Medical Examination (RME), as the same is the sole responsibility of the concerned Central Police Organization (CPO) and the Commission is in no way responsible for the decision of the Medical Boards. Since the petitioner had not qualified in the Detailed Medical Examination, his candidature was not considered for the posts preferred in his application. Therefore, there are absolutely no merits in this Writ Petition and the same is liable to be dismissed against the respondent No.3. 14. Heard learned counsel for the petitioner and the learned Assistant Solicitor General appearing for the respondents. 15. This Court on 29.04.2014 directed the respondents for re-medical examination of the petitioner. In the counter affidavit filed by the second respondent, it is stated that interim order dated 29.04.2014 of this Court was implemented and the petitioner was examined on 12.06.2014 by the penal doctors of Nizam Institute of Medical Sciences as to his fitness in the light of the alleged deformities he suffered from and the report given by the penal doctors was handed over to the Department. It is also stated in the counter that the said report shall be placed before the Court under a sealed cover. Though the Counter Affidavit was filed on 07.07.2014, the medical report is not placed before the Court. Therefore, this Court by Order dated 16.12.2020 directed the respondent No.2 to place the medical examination report dated 12.06.2014 pertains to the petitioner in a sealed cover before this Court within two weeks. 16. On 20.01.2021, Sri N. Harinath, learned Assistant Solicitor General appeared before this Court on behalf of the respondents and submitted that the medical examination report of the panel doctors of Nizam Hospital, Hyderabad, was sent to the office of the Assistant Solicitor General to place the same before the Court, but the said Report is not traced and he requested time to produce the same. As the respondents did not place the said medical examination report, this Court by Order dated 23.03.2022, directed the respondent No.2 to take steps for medical examination of the petitioner afresh at Nizam Institute of Medical Sciences (NIMS), Hyderabad, within a period of two weeks and submit a report before this Court by 13.04.2022. As the respondents did not place the said medical examination report, this Court by Order dated 23.03.2022, directed the respondent No.2 to take steps for medical examination of the petitioner afresh at Nizam Institute of Medical Sciences (NIMS), Hyderabad, within a period of two weeks and submit a report before this Court by 13.04.2022. In pursuance of the Interim orders passed by this Court on 23.03.2022, the petitioner was subjected to medical examination at NIMS, Hyderabad, by the respondent No.2 and placed the Medical Report before this Court. 17. On behalf of the respondents, an additional affidavit has been filed by the Assistant Solicitor General, High Court of Andhra Pradesh, along with a sealed cover containing the opinion of the Medical Board is filed. A perusal of the opinion of the Medical Board constituted by the Nizam Institute of Medical Sciences (N.I.M.S), Hyderabad, dated 11.04.2022, they opined as extracted hereinunder: “On clinical examination of both hands showed, visible deformity of both little fingers and deviation of distal phalanx radially Right>Left. Functionally hand grip and moments are normal. X-ray shows deformity of terminal phalanx at the level of distal inter phalangeal joint of both little fingers. Patient has congenital visible deformity (Clinodactyly) of the little fingers of both the hands with good hand function. Able to do all routine activities. From the medical point of view, he is fit for the job”. 18. Though the Petitioner has raised several contentions that when he appeared for Medical examination on 13.03.2014, no Doctor was personally examined him, and instead of Doctors, he was examined by their Attenders/Assistants, and one Mr. Bongu Trinath, who was also appeared for Medical examination, whose fingers also was not in proper, was certified by the Doctors to be fit for appointment, as such, it is discriminatory, this Court in this Writ Petition did not intends to interfere into all those things. However, the Proceedings of the respondents dated 28.01.2014 and 22.03.2014 appears to be illegal, arbitrary and discriminatory being violative of Articles 14, 16 and 21 of the Constitution of India, in the light of the opinion of the Medical Board, N.I.M.S, Hyderabad, dated 11.04.2022. However, the Proceedings of the respondents dated 28.01.2014 and 22.03.2014 appears to be illegal, arbitrary and discriminatory being violative of Articles 14, 16 and 21 of the Constitution of India, in the light of the opinion of the Medical Board, N.I.M.S, Hyderabad, dated 11.04.2022. As the competent Medical Board constituted under Nijam Institute of Medical Sciences, Hyderabad, gave their opinion stating that the petitioner is fit for the job and able to do all routine activities, the respondents ought to have reconsider their earlier decision in the interest of justice. In the light of the opinion of the Medical Board, in our considered opinion, it is appropriate to direct the respondents to reconsider their decision dated 28.01.2014 and 22.03.2014. As such, the Proceedings of the Respondent No.1 dated 28.01.2014 and the Proceedings of the Respondent No.2, dated 22.03.2014, are liable to be set aside. 19. Accordingly, the Writ Petition is allowed with the following directions: i) The Proceedings dated 28.01.2014 of the respondent No.1 and the Proceedings dated 22.03.2014 of the RespondentNo.2 are hereby set aside; and ii) The respondents are directed to reconsider the claim of the petitioner by taking into consideration the opinion of the Medical Board, N.I.M.S., Hyderabad, dated 11.04.2022, for appointment of the petitioner as Constable within a period of Four (04) weeks from the date of receipt of a copy of this Order. 20. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed.