Majar Ali v. The Union of India and 6 Ors

ORDER Date : 25.09.2024

Heard Mr. Y.S. Mannan, learned counsel for the petitioner. Also heard Mrs. A. Gayan, learned CGC for the respondents.

¶2By way of this petition under Article 226 of the Constitution of India, the petitioner is assailing the Medical Report dated 03.08.2023 issued by the Detailed Medical Examination (DME) Board, CRPF, Group Centre, Amerigog and

05.08.2023 issued by the Review Medical Examination (RME) Board, CRPF, Group Centre, Amerigog to the petitioner, whereby the petitioner was declared 'Unfit' for recruitment to the post of Constable (GD) in Central Armed Police Page No.# 3/4 Forces (CAPFs) for the year 2022 due to Hypertension and B/L little finger deformity.

¶3It is submitted at the bar that this Court in the case of a similarly situated person has disposed of a writ petition being WP(C) No. 6214/2017 with the direction to the authorities to cause a medical examination of the petitioner therein before the Gauhati Medical College, Guwahati in the presence of the doctors of the CRPF.

¶4It is further submitted at the bar that this writ petition can also be disposed of in similar lines.

¶5In view of the aforesaid endorsement made by the learned counsels for the parties, I am of the opinion that this writ petition can also be disposed of in terms of the Order dated 13.02.2019 in WP(C) No. 6214/2017 by directing that the authorities will cause a medical examination of the petitioner before the Gauhati Medical College, Guwahati where the doctors of the CRPF will be also present.

¶6Ordered accordingly.

¶7Since the Gauhati Medical College, Guwahati is not a party in this proceeding, the respondent No. 4, i.e., The Deputy Inspector General of Police, Group Centre, CRPF, Amerigog will write to the Superintendent of Gauhati Medical College, Guwahati for conducting a medical test of the petitioner as regards Hypertension and B/L little finger deformity of the petitioner, which may be conduced in the presence of two Medical Officers as may deputed by the CRPF authority before the Gauhati Medical College, Guwahati. Page No.# 4/4

¶8The Superintendent of Gauhati Medical College may thereafter, conduct a medical test in terms of this direction of this Court.

¶9Copies of this order be furnished to Superintendent of Gauhati Medical College as well as the respondent No. 4 for doing the needful.

¶10The respondent No. 4 will duly intimate the petitioner in advance of the date, time and venue of the said medical test which may be conducted.

¶11The aforesaid exercise shall be undertaken within a period of 1 (one) month from the date of receipt of a certified copy of this order.

¶12With the above observation anud direction, the writ petition stands disposed of. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010192792023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5077/2023o MAJARoALIo S/OoBILLALoHOQUEoVILLAGEoMARALARTARI,oP.OoKAYAKUCHIo,oP.SoANDo DISTRICT-oBARPETA,oASSAM,oPINo-o781352 VERSUSo THEoUNIONoOFoINDIAoANDo6oORSo REPRESENTEDoBYoTHEoSECRETARY,oMINISTRYoOFoHOMEoAFFAIRS,o GOVERNMENToOFoINDIA,oNORTHoBLOCK,oNEWoDELHI-o110001. 2:THEoDIRECTORoGENERAL oCENTRALoRESERVEoPOLICEoFORCE oBLOCKoNOo1 oCGOoCOMPLEXo oLODHIoROAD oNEWoDELHI-o110001 3:THEoINSPECTORoGENERALo oNEoSECTOR oCRPF oSTONYoHEAVEN oBISHOPoCOTTONoROAD oSHILLONG-o793001 4:THEoDEPUTYoINSPECTORoGENERALoOFoPOLICE oGROUPoCENTREo oCRPF oAMERIGOG oGUWAHATIo-781023 Page No.# 2/4 5:THE STAFF SELECTION COMMISSION (SSC) REPRESENTED BY ITS CHAIRMAN BLOCK 12 CGO COMPLEX LODHI ROAD NEW DELHI - 110003 6:THE MEDICAL OFFICER DETAIL MEDICAL EXAMINATION BOARD (DME) GROUP CENTRE CRPF AMERIGOG GUWAHATI -781023 7:THE PRESIDING OFFICER REVIEW MEDICAL EXAMINATION BOARD (RME) GROUP CENTRE CRPF AMERIGOG GUWAHATI- 78102 Advocate for the Petitioner : MR S H SIKDAR, MR. Y S MANNAN,MS S ABDULLAH Advocate for the Respondent : DY.S.G.I., MRS. A GAYAN BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI