Vijendra Kumar Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9905 of 2022 ====================================================== Vijendra Kumar Sah, Male, aged about 25 years, S/O- Shri Kameshwar Sahu Resident of Village- Bishanpur Shivram, Ward No.-6, P.S.- Balua Bazar, District- Supaul, Pin Code- 854339.
... ... Petitioner
Versus
1.
The State of Bihar through its Chairman, Central Selection Board (Constable Recruitment), Sardar Patel Bhawan, 6th Floor, Block-A/626, Jawahar Lal Nehru Marg, Patna- 800023.
2.
The Chairman of Central Selection Board (Constable Recruitment), Sardar Patel Bhawan, 6th Floor, Block-A/626, Jawahar Lal Nehru Marg, Patna800023. 3.
The Principal Secretary, Department of Home (Constable Branch), Old Secretariat, Patna, Bihar.
4.
The Chief Conservator of Forest, Gosai Tola, Patliputra, Patna. 5.
The Civil Surgeon-cum-Chief Medical Officer, Gardanibagh, District- Patna. 6.
Medical Board presided by Civil Surgeon-cum-Chief Medical Officer, Gardanibagh, District- Patna.
... ... Respondents ====================================================== Appearance :
For the Petitioner :
Mr. Awadhesh Kumar Mishra, Adv.
For the State :
Mr. Anant Pd. Singh, SC-15 For the CSBC :
Mr. Sanjay Kumar Pandey with Mr. Binod Kr. Mishra and Mr. Vivek Anand Amritesh, Advocates ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT Date : 22-09-2022 Heard learned counsel for the petitioner, learned counsel for the States and learned counsel for the Central Selection Board of Constable (for brevity ' the Board').
2. The petitioner has been declared medically unfit in the process of selection by assigning reason that his Colour Vision is abnormal.
Patna High Court CWJC No.9905 of 2022 dt.22-09-2022 2/3
3. Mr. Awadhesh Kumar Mishra, learned counsel appearing for the petitioner, submits that another candidate was also declared unfit, but was given an opportunity for reexamination which is apparent from Clause-9 to Annexure 10 enclosed with the writ petition, which reads as follows:- "चयननित अभ्यनर्थिययों में 98 मनहिललाए तरला 374 पुरुष हिहैं। सभभी पलात्र मनहिलला अभ्यनर्थिययों कला चयनि हिहो गयला हिह । पलात्र अभ्यरर्थी उपलब्ध नि रहिनिन कन कलारण अनिपुसूनचत जनिजलानत कहोनटि में 05 तरला नपछडन वगर्गों कभी मनहिललाए कहोनटि में 07 कपुल 12 नरनकतययाँ शनष रहिभी । एक अभ्यरर्थी रनणपु कपुमलारभी , अनिपुक्रममांक 2431010088 कला मननडिकल जयाँच में टिनम्परनरभी अनिनफिटि (Temporary Unfit) हिहोनिन कन कलारण औपबर्गोंनधक रूप सन चयनि नकयला गयला हिह । सम्यक इललाज करलानिन कन उपरमांत नफिटिनिनस सटिर्थीनफिकनटि दननिन पर उनिकभी ननियपुनकत कभी जलाएगभी । "
4. Since, the petitioner was also suffering from one deficiency, namely, CV abnormal, he too should have been placed under the category of temporary unfit, subject to submission of fitness certificate.
5. The learned counsel for the Board submits that the category of medical assessment of petitioner is not the same as that of the candidate, with whom he is claiming parity. The other candidate was declared temporary unfit. Such a declaration is in respect of other specified deficiencies. The petitioner, on the other hand, on account of Colour Vision being abnormal, was declared
Patna High Court CWJC No.9905 of 2022 dt.22-09-2022 3/3 unfit. The petitioner's deficiency was not temporary and, therefore, the claim for parity with the other candidate is untenable.
6. This Court is inclined to accept the submission of the learned counsel for the Board. No grounds have been urged to show that petitioner's assessment as unfit due to CV abnormal is in any way vitiated. Also there is no allegation of specific mala fide against any individual in the procedure prescribed for selection as well as the Medical Test has been followed.
7. There is no occasion for this Court to interfere with the selection or to issue any direction in favour of the petitioner.
8. The writ petition is dismissed.
(Madhuresh Prasad, J) shyambihari/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 01-10-2022 Transmission Date N/A