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2022 DIGILAW 196 (MEG)

Dhirendra Singh Jadon v. Union of India

2022-07-22

H.S.THANGKHIEW

body2022
JUDGMENT 1. The brief facts of the case are that the petitioner had qualified for recruitment into the Assam Rifles as a Technical Tradesman in the rank of Radio Mechanic Warrant Officer, and was duly appointed by a Provisional Appointment letter dated 27.07.2018 issued by the respondent No. 4. After reporting for joining his post, the petitioner was made to undergo a Review Medical Examination and was found to be unfit for recruitment in the Assam Rifles on account of his vision being found to be of CP IV Level. The petitioner was then sent to the Central Reserve Police Force Composite Hospital at New Delhi to undergo a Review Medical Examination by a Medical Board and was found to be unfit for service due to defective Colour Perception of the category CP IV. Thereafter, by a rejection slip dated 10.01.2019, issued by the respondent No. 7, the candidature of the petitioner for appointment in the Assam Rifles, was rejected on the ground of defective colour vision. 2. The petitioner thereafter, filed a representation on 21.01.2019, before the respondent No. 3, and as no reply was forthcoming filed a writ petition being WP(C) No. 47 of 2019 before this Court, which directed that the pendency of the writ petition shall not operate as a bar for deciding the appeal, if filed or may be filed by the petitioner. On an appeal being filed by the petitioner dated 27.03.2019, the respondent No. 3 by reply dated 29.03.2019 informed that further re-medical examination of the petitioner cannot be considered. The said WP(C) No. 47 of 2019, was then disposed of as infructuous, with liberty given to the petitioner to assail the order dated 29.03.2019. Hence, the petitioner is before this Court again by way of this instant Writ Petition. 3. It is contended by Mr. S. Chakrawarty, learned senior counsel on behalf of the petitioner that, having been found medically fit initially for appointment in the Assam Rifles, the findings of the Medical Board subsequently that the petitioner was unfit with CP IV vision is not tenable. It is submitted that, no where in the rules of any provision, has it been stipulated that a candidate having CP IV vision, be not eligible for appointment in the Assam Rifles. It is submitted that, no where in the rules of any provision, has it been stipulated that a candidate having CP IV vision, be not eligible for appointment in the Assam Rifles. He further submitted that, many of the grounds in the appeal filed by the petitioner were not addressed by the respondent while disposing of the appeal. He thus prays that the impugned rejection slip dated 10.01.2019, be set aside and quashed. 4. Dr. N. Mozika, learned ASG assisted by Ms. M. Nongrum, learned counsel for the respondents in reply submits that there are uniform guidelines for recruitment and different visual standards for different categories are prescribed. He submits that, though CP IV standard is permissible in certain trades like education, animal transport, barber, washerman, water carrier, etc., the post the petitioner had applied for, that is Radio Mechanic, required at least CP III, hence, the petitioner was ineligible for enrolment as Radio Mechanic in the Assam Rifles. It is further submitted that, the appointment granted earlier to the petitioner was provisional, made on the basis of an initial assessment pursuant to a recruitment rally. The Review Medical Examination, he submits, having found the petitioner unfit, as per the uniform guidelines for recruitment, as contained in the memorandum dated 20.05.2015, wherein, it has been stipulated that colour vision test should be done once at the time of recruitment and later on at the time of basic training, there was no question of granting enrolment to the petitioner in the Assam Rifles. 5. Heard learned counsels for the parties and after carefully perusing the materials on record, it is noted that the petitioner has been given adequate chance and opportunity on the two main counts, that is test of fitness and opportunity of hearing. The respondents to assess the petitioner's fitness, had subjected him to Review Medical Examinations twice, initially at the training centre at Assam Rifles, Dimapur and later, by the Medical Board at New Delhi, where he was found unfit on both occasions as having CP IV vision. Thereafter, his appeals were decided in accordance with the prescribed medical fitness guidelines. 6. In the face of such facts and circumstances, it is clearly seen that, there is no infirmity in the decision of the respondents and the non-enrolment of the petitioner in the Assam Rifles cannot be said to be illegal or arbitrary. Thereafter, his appeals were decided in accordance with the prescribed medical fitness guidelines. 6. In the face of such facts and circumstances, it is clearly seen that, there is no infirmity in the decision of the respondents and the non-enrolment of the petitioner in the Assam Rifles cannot be said to be illegal or arbitrary. There being no merit in the instant writ petition, the same is accordingly dismissed. 7. There shall be no order as to costs.