Pappu Biswas Son of Khagen biswas v. Union of India
2025-03-25
SOUMITRA SAIKIA
body2025
DigiLaw.ai
JUDGMENT : SOUMITRA SAIKIA, J. The petitioner before this Court applied pursuant to a selection process initiated by the CRPF for appointment to the post of Constable/Driver. The petitioner claims to be qualified for being selected for appointment to the said post. 2. During the process of selection, the petitioner was examined by the Medical Board constituted by the CRPF authority and he was found to be suffering from “Multiple Keloid Chest and Cardiac Murmur”. Consequently, the petitioner was not found fit to be appointed to the post of Constable (Driver). 3. It is submitted by the learned counsel of petitioner that during the medical examination, the Medical Board of the CRPF referred the petitioner for an opinion before the Dermatology Department of GMCH. The Dermatology department returned a finding that “the patient is presenting currently with Keloid on his chest and the current lesion is not contagious and does not hamper his daily activities”. Notwithstanding that it is submitted that the petitioner’s case was rejected by the Review Medical board and he was found to be unfit because of the presence of Keloid over chest. The Review Medical Board also recorded the findings of the Cardiology department of GMCH that he was found fit in terms of the cardiology opinion. 4. The learned counsel for the petitioner therefore submits that this rejection of the petitioner by the Medical Board on the purported medical condition is contrary to the guidelines for Recruitment Medical Examination in Central Armed Forces and Assam Rifles. He submits that this guideline is also followed for this recruitment purpose by the CRPF authorities. Referring to clause XII (9), he submits that in the conditions which are listed for rejection of any prospective candidates for appointment during the selection process Sl No. 9 refers to “Keloid formation”. The learned counsel for the petitioner however submits that this Keloid formation can be a ground for rejection only if the same interferes with the proper wearing of combatisedequipment. He submits that no such finding is recorded in the Review Medical Board and the authorities had rejected it merely because of the presence of Keloid formation. It is submitted that such conclusion by the Medical Board is contrary to the guidelines for recruitment medical examination.
He submits that no such finding is recorded in the Review Medical Board and the authorities had rejected it merely because of the presence of Keloid formation. It is submitted that such conclusion by the Medical Board is contrary to the guidelines for recruitment medical examination. He therefore submits the writ petition be allowed and the authorities be directed to recommend the petitioner for appointment as he does not fall within the criteria prescribed at Clause-XII (9) of the guidelines for Recruitment Medical examination in Central Armed Police Forces and Assam Rifles. 5. Ms. Baruah, learned CGC on the other hand submits that the respondents have filed their counter-affidavit. She has referred to various averments made in the affidavit to submit that the medical criteria for a civilian and for a member of the CRPF or CAPF are different. The medical criteria necessary for recruitment in CRPF or other CAPF are very specific and they are specified in the guidelines. These guidelines merely provide instances where a Medical Officer can opine the fitness or the unworthiness of a candidate on medical grounds during the process of recruitment. She submits that there is no challenge to the constitution of the Medical Board and the Medical Board had duly examined him and had taken into consideration the opinions rendered by the other doctors of the civil hospital, including that of the GMCH and had therefore opined that the petitioner is found to be unfit to be appointed in the post of Constable/Driver in view of his medical condition as prescribed at Clause XII(9). 6. Having heard the learned counsel for the parties and upon careful perusal of the pleadings as well as the guidelines, it is seen that the guideline prescribes particulars of physical deformities which may be considered grounds for rejection for disability for a prospective candidate for appointment into an Armed Force like that of CRPF upon such opinion being rendered by the Medical Specialists constituted by the appointing authority. The petitioner upon being medically examined was rejected on two grounds namely “Multiple Keloid Chest” and Cardiac Murmur”. The medical opinion enclosed and available in the pleadings also reflects that the Medical board had referred to the opinion rendered by GMCH. During the process of examination of the petitioner it is seen that it was the CRPF authority who had referred the petitioner for medical examination to the GMCH.
The medical opinion enclosed and available in the pleadings also reflects that the Medical board had referred to the opinion rendered by GMCH. During the process of examination of the petitioner it is seen that it was the CRPF authority who had referred the petitioner for medical examination to the GMCH. The appropriate department in the GMCH had thereafter rendered their respective opinions. 7. In so far as the cardiology opinion is concerned, there were no anomalies found and he was considered to be fit pursuant examinations carried by the GMCH. 8. In so far as the dermatology opinion is concerned, the specialist in the GMC opined after due examination the petitioner that “he is presenting currently with Keloid on his chest and the current lesion is not contagious and does not hamper his daily activities. However, the Review Medical Board upon due examination of the writ petitioner as well as upon due consideration of the opinions rendered, rejected the candidature of the writ petitioner on the ground that he is found unfit because of “Cardiac Murmur as well as “Keloid over Chest”. 9. The revised uniform guidelines for medical examination for recruitment into Central Armed forces and Assam Rifles are available as a part of the pleadings. 10. There is no dispute that the CRPF also relies upon these guidelines during the course of medical examination. The medical condition which the Review Medical Board considered to be a ground for rejection of the petitioner’s candidature are “Cardiac Murmur” as well as “Keloid over Chest. 11. In so far as Cardiac Murmur is concerned, the opinion of the Review Medical Board is enclosed reflects that the petitioner has been declared fit by the Cardiologist at GMCH and therefore he was found to be unfit for recruitment only because of “presence of Keloid over chest”. However, the opinion of the Review Medical Board reflects that he was found unfit on two counts namely “Multiple Keloid Chest” and Cardiac Murmur” as per the opinion dated the 12.07.2024. 12. In so far as his cardiological condition is concerned, there is no explanation as to why the petitioner was found unfit because of his cardiological condition in view of the finding by the Medical Board itself that the cardiologist of the GMCH had declared the petitioner fit.
12. In so far as his cardiological condition is concerned, there is no explanation as to why the petitioner was found unfit because of his cardiological condition in view of the finding by the Medical Board itself that the cardiologist of the GMCH had declared the petitioner fit. Where the Review Medical board had referred the petitioner for opinion to the GMCH and the GMCH had returned its finding for opinion, it was incumbent of the Review Medical Board or the Medical Board to give reasons on the basis of examinations undertaken as to why they differ with the views of the GMCH. No such reasons are discernible from the medical opinions rendered or the communications issued declaring the petitioner unfit on that account. 13. In so far as the second condition is concerned namely Keloid over Chest, a reference is required to be made to the guidelines for Recruitment Medical Examination in Central Armed Police Forces and Assam Rifles. At Clause-XII provides for examination for Skin Diseases and Leprosy and Clause 9 thereunder lists “Keloid” formation” as one the grounds which may be considered for prospective candidate to be unfit for the treatment. However, it is necessary to note the condition listed at Serial number 9 of Clause XII of the guidelines for Recruitment Medical Examination in Central Armed Police Forces and Assam Rifles. Clause XII(9) reads as under: 9. Keloid formation, if the tendency is marked or interferes with the proper wearing of combatised equipment, is disqualifying. 14. A perusal of this clause will show that bare Keloid formation cannot be treated to be a ground for rejection. It becomes a ground for rejection if the tendency is marked or it interferes with the proper wearing of combatised equipment. It is only under these two conditions that Keloid formation is found to be a medical grounds to reject the candidature of a prospective candidate. 15. Under such circumstances, it is clear that the medical opinion on the basis of which the petitioner has been rejected does not give the reasons on the basis of which the conclusions have been arrived at, more particularly when specialists from the GMCH have opined that the petitioner is fit to carry on his normal activities. 16.
15. Under such circumstances, it is clear that the medical opinion on the basis of which the petitioner has been rejected does not give the reasons on the basis of which the conclusions have been arrived at, more particularly when specialists from the GMCH have opined that the petitioner is fit to carry on his normal activities. 16. There is no finding by the Medical Board and/or the Review Medical Board that the medical condition of the petitioner i.e. “Keloid Formation” shows marked tendency or that it interferes with the proper wearing of Combatised equipments. Under such circumstances, this Court is of the considered view that the matter will require re-consideration at the ends of the Review Medical Board to examine the petitioner again and thereafter render the opinion on the basis of examinations conducted giving clear reasons with reference to the medical guidelines as to the medical conditions of the petitioner and as to whether the petitioner can be considered to be suitable for recruitment to the post he had applied for. 17. The writ petition, therefore, stands disposed of with a direction to respondent No. 4, namely the Deputy Inspector General, Group Centre, CRPF, Amerigog, Guwahati, to constitute a Review Medical Board and intimate the petitioner to present himself for necessary tests and examinations and thereafter upon due consideration of all the tests/examination results give a clear finding as to the medical condition, if any, found by the medical Review Medical Board and thereafter pass specific orders as to the suitability of the writ petitioner for being recruited in the post of Constable/Driver to the post which he has applied for. 18. The entire exercise will be completed within three weeks on the date of receipt of certified copy of this order. Till such order is passed by the competent authorities, the interim order granted by this Court will continue.