Petitioner challenged medical unfitness rejection for CAPFs recruitment due to knock-knee. Court examined conflicting medical reports vs. RME data. Held empirical data existed to justify rejection. Writ petition dismissed.
Writ petition failed and dismissed with the parties to bear their own costs.
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GAHC010161792020
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4821/2020
ANIL YADAV
ROLL NO. 5105061559 S/O MR. SHYAM BAHADUR YADAV, RESIDENT OF VILLAGE KHERONI KACHARI GAON, PO AND PS KHERONI, 782448, DIST WEST KARBI ANGLONG, ASSAM
VERSUS
THE UNION OF INDIA AND 4 ORS REPRESENTED BY THE SECRETARY TO THE MINISTRY OF HOME AFFAIRS, NORTH BLOCK, NEW DELHI 110001 INDIA
2:THE DIRECTOR GENERAL CRPF (RECRUITMENT BRANCH) EAST BLOCK 07 LEVEL 4 SECTOR 01 R K PURAM NEW DELHI 110066
3:THE DETAILED MEDICAL EXAMINATION BOARD CAPFs REPRESENTED BY THE PRESIDING OFFICER ARCH (SUKHOVI) CENTRE ASSAM RIFLES COMPOSITE HOSPITAL DIMAPUR NAGALAND 797115 4:THE REVIEW MEDICAL BOARD COMPOSITE HOSPITAL BSF
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PATGAON REPRESENTED BY THE CHIEF MEDICAL OFFICER (SG) BSF COMPOSITE HOSPITAL PATGAON DIST KAMRUP M GUWAHATI 781017 ASSAM
5:STATE MEDICAL BOARD
GOVT. OF ASSAM C/O DIRECTORATE OF SOCIAL WELFARE LATASIL UZAN BAZAR GUWAHATI 781001 KAMRUP M ASSA
BEFORE
HON’BLE MR. JUSTICE KALYAN RAI SURANA
For the petitioner : Mr. R. Bora. For the respondent : Mr. B. Deka, Advocate. : Mr. S.S. Roy, GA. Date of hearing : 04.10.2021. Date of judgment : 04.01.2022.
JUDGMENT AND ORDER
(CAV)
Heard Mr. R. Bora, learned counsel for the petitioner, Mr. B. Deka, learned Central Government Counsel for the respondent nos. 1 to 4 and Mr. S.S. Roy, learned Government Advocate for respondent no. 5.
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Central Armed Police Forces (CAPFs), NIA and SSF and Rifleman (GD) in Assam Rifles (AR) Examination, 2018”, pursuant to advertisement published in Employment News, 21-27 July, 2018 edition. The petitioner qualified in the written test and was thereafter called for Medical Test and as per Medical Test Report dated 23.01.2020, the petitioner was declared unfit. Thereafter, for the purpose of filing appeal against medical unfitness, the petitioner got himself examined in Diphu Medical College & Hospital at the Department of Ophthalmology, and the Registrar of the said Department as well as the Senior Medical & Health Officer (ENT Specialist) of the said Diphu Medical College & Hospital considered the three grounds of declaring the petitioner as medically unfit, issued a “medical fitness certificate” dated 29.01.2020 in the prescribed Form No. 3 CAPFs Constable (GD)- 2018, thereby declaring to the following effect that – “(1) Colour Vision is within normal limit; (2) Intercondylar/Intermalleolar distance is within physiological limit and will not cause any impact in carrying out normal physical activity; (3) Wax cleaned & ears found to be normal”. Armed with the said certificate, the petitioner preferred an appeal against medical unfitness, and the Review Medical Examination (RME for short) was held on 08.10.2020. However, in the RME, while the Colour Vision and Ear was found in favour of the petitioner, but by giving a finding to the effect that “Gross knock knee IMD more than 5 cm, the petitioner was again declared unfit on account of “Knock knee”. Accordingly, the petitioner has filed this writ petition under Article 226 of the Constitution of India and has prayed for a direction for having the petitioner re-examined by a medical board consisting of specialists or State Medical Board and/or to direct the respondent authorities to appoint the petitioner as Constable (GD) in Central Armed Police Forces (CAPFs), NIA and SSF and Rifleman (GD) in Assam Rifles
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(AR).
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(Rectt Cell) of the Frontier HQ BSF Guwahati, bearing File No. Ghty/Estt (rectt)/0737 pertaining to the petitioner, it is submitted that apart from other materials, it also contains the photograph of the petitioner taken on 08.10.2020 at the time of his RME, which clearly discloses that the petitioner had knock knee, as the distance between two ankles was more than the scale of 5 cms. and it is submitted that the same was clinching evidence. Accordingly, it is submitted that as the knock knee deformity of the petitioner was more than 5 cms., no wrong was committed by the authorities to declare him to be medically unfit because of knock-knee.
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dated 20.10.2020 (Annexure-K) mentioning that “Right tibiofemoral angle-6.5 degree; Left tibiofemoral angle- 6.12 degree”, and (c) Medical Certificate dated 20.10.2020 issued by the Registrar, Department of Orthopedics, Guwahati Medical College & Hospital (part of Annexure-K), where it has been mentioned that “Tibiofemoral angle of both right (6.05o ) and left (6.12o )”, as per the X-Ray, lower limb is within normal limit”.
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for recruitment medical examination in CAPFs and Assam Rifles, revised as on May, 2015”, which is as follows:-
“(i) Knock Knee:
A separation of internal malleoli of over 5 cms will be a disqualification. Deformities of knee joint
How to examine knock knee-
The Candidate is made to stand with the internal malleoli approximated and look for any over-riding of both the knees. To confirm, the candidate is asked to lie down on examination table with patellae facing towards ceiling, vertically up and straight. One of the lower limbs is lifted up to approximate with the medical condyle opposite site. The distance between the internal malleoli is then measured with the help of a 05 cm long wooden block. The reading more than 05 cm is a cause of rejection as knock Knee. In case of female candidates, the maximum permissible inter-malleolar distance is 08 cm.
The same test can be done with the body sitting upright on a chair, the legs fully extended in front & knees just touching (passively, with the help of the assistant).”
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visual impression that the internal malleolar distance is more than the 05 cm scale, which is the cause of rejection of the candidature of the petitioner for the post of “Constables (GD) in Central Armed Police Forces (CAPFs), NIA and SSF and Rifleman (GD) in Assam Rifles (AR).
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the Review Medical Examination Board was justified in declaring the petitioner medically unfit due to knock-knee given conflicting medical reports.
Whether the petitioner is entitled to a direction for re-examination by a higher medical board or State Medical Board based on empirical data availability.
Colour shows how this judgement treated each authority
Baikuntha Rajbongshi v. Union of India & Ors.Distinguished¶26
Baikuntha Rajbongshi v. Union of India & Ors., (2008) 4 GLR 424: 2018 Legal Eagle (Gau) 243
Devinder v. Border Security Force & Anr.Distinguished¶26
Devinder v. Border Security Force & Anr., W.P.(C) 8130/2011
1 provisions across 1 enactments
Anil Yadav
The Union of India and others
Kalyan Rai Surana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
