← Library
Patna High CourtCWJC/18570/2025dismissed

Tarun Kumar v. The State Of Bihar

2026-03-13Mr. Justice Dr. Anshuman7 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18570 of 2025 ====================================================== Tarun Kumar s/o Lapitan Sah R/O Ward No. 1, Singhaul, P.S. Singhaul, District - Begusarai.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Home, Government of Bihar, Patna.

2.

Principal Secretary, Department of Home, Government of Bihar, Patna. 3.

Superintendent of Police, Supaul.

4.

Director General of Police, Patna, Bihar.

5.

Deputy Inspector General (DIG) of Police, Saharsa. 6.

Central Selection Board (Constable Recruitment) through the Chairman, Address- 5 Harding Road, Near Saptmurti (Shaheed Smarak), Patna-800001 ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Deepali Singh, Advocate For the State :

Mr. Anil Kr. Verma, AC to AAG-9 For the CSBC :

Mr. Sanjay Pandey, Advocate Mr. Binod Kr. Mishra, Advocate Mr. Vivek Anand Amritesh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 13-03-2026 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the Central Selection Board (Constable Recruitment).

2. The present writ petition has been filed for the following reliefs:- (i) That the present application is being filed in the nature of Mandamus for a direction to the Superintendent of Police, Supaul, and D.I.G, Saharsa, to constitute a fresh medical board before any medical

2/7 college i.e N.M.C.H, Patna or at P.M.C.H, Patna for an eye test of the petitioner in relation to Advertisement No. 1 of 2023 for the post of constable issued by Central Selection Board for Constable Recruitment, Bihar, Patna.

(ii) That the present application is being filed in the nature of Mandamus for a direction to the Superintendent of Police, Supaul, to bring on record the report of the re-medical test conducted at Darbhanga Medical College and Hospital, Lehariyasarai, Dharbhanga (iii) That the present application is being filed in the nature of Mandamus for a direction to the respondent authorities to consider conducting a fresh medical test of the petitioner at any other independent medical college and hospital in the light of representation filed by the petitioner;

(iv) And pass any such other order/orders as this Hon'ble Court deem fit and proper.

3. Learned counsel for the petitioner submits that the present matter relates to Advertisement No. 01 of 2023 issued by the Home Department (Rakshak Shakh) through the Central Selection Board (Constable Recruitment). The advertisement was issued in the year 2023 for the appointment of 21,391

3/7 constables in various categories. Counsel further submits that the petitioner qualified in the written examination and was declared successful. Thereafter, he also appeared in the physical examination test and, after being successful in the physical test, the petitioner was issued a gate pass. After the gate pass was issued, the final result was published and the petitioner was allotted the district of Supaul for joining as a constable. Counsel further submits that the Parichari, Police Kendra, Supaul, issued a notice stating that the candidates who were scheduled to appear would undergo document verification, physical efficiency test, and medical examination. The petitioner was scheduled to appear for the medical test on 06.06.2025.

4. Counsel further submits that during the medical test, the petitioner was unofficially informed that his colour vision was not correct and therefore he was declared unfit. When the petitioner requested reconsideration, a re-medical test of the petitioner was conducted at Sadar Hospital, Supaul on 27.07.2025. After the re-medical test, the petitioner was asked to leave the premises.

5. Counsel further submits that the Superintendent of Police, Supaul, issued a letter to the Superintendent, Darbhanga Medical College Hospital, Darbhanga, vide Memo No. 2418

4/7 dated 17.08.2025. In the said letter, it was mentioned that in pursuance of Office Letter No. 464 dated 17.05.2025 of the Chairman, Central Selection Board (Constable Recruitment), Bihar, Patna, and Office Letter No. 2473 dated 14.08.2025 of the Civil Surgeon-cum-Chief Medical Officer, Supaul, regarding the medical examination, it was observed that out of 466 candidates finally selected for the District Force, Supaul, 459 candidates reported to Police Centre, Supaul for the post of Constable. Out of these candidates, 454 were found fit and 5 were found unfit by the Medical Board at Sadar Hospital, Supaul. In light of the above, it was considered necessary to conduct a re-medical examination of the 5 unfit candidates through a Medical Board constituted for this purpose. Therefore, it was requested that a Medical Board be constituted to examine the above-mentioned unfit candidates and necessary action be taken.

6. Counsel further specifically submits that thereafter the petitioner went to Darbhanga Medical College and opted for an eye test. The petitioner's eye test was conducted on 27.08.2025 in the Department of Ophthalmology, where his vision was found to be 6/6. The petitioner also underwent a fitness test, and his eye vision was found to be normal in both

5/7 eyes. Counsel further submits that this creates a serious doubt about the entire process, as the petitioner had undergone an eye test in the same department where the re-medical test was conducted at the instance of the Superintendent of Police, Supaul. It appears that the Medical Board at Darbhanga did not properly consider the petitioner's case. Therefore, it would serve the purpose if the petitioner's case is considered by a separate Medical Board at any Medical College in Bihar.

7. Learned counsel for the State and learned counsel for the Central Selection Board (Constable Recruitment) jointly submit that when the petitioner appeared for medical examination before the doctors of Sadar Hospital, Supaul, the doctors, after examining the petitioner, found that he was suffering from colour blindness (Red & Green) and therefore he was declared unfit. Thereafter, the case of the petitioner and other unfit candidates was referred to a Medical Board consisting of five doctors, presided over by the Civil Surgeoncum-Chief Medical Officer, Supaul.

8. It is further submitted that the Medical Board examined the petitioner on 03.07.2025 and, after examination, submitted its report vide Letter No. 2473 dated 14.08.2025 to the Superintendent of Police, Supaul, declaring the petitioner

6/7 medically unfit. The Medical Board also recorded that if the department desired, the petitioner and other unfit candidates could be examined at any higher institution or Government Medical College.

9. Counsel further submits that in light of the aforesaid, vide Memo No. 2418 dated 17.08.2025, a request was made to the Superintendent, Darbhanga Medical College and Hospital (DMCH), Darbhanga, for medical examination of the petitioner and other candidates who had been declared unfit. Counsel further submits that pursuant to the aforesaid request, the petitioner and other candidates were examined by a Medical Board consisting of senior eye specialists of DMCH, Darbhanga, on 30.08.2025. After examination, the Medical Board submitted its report vide Letter No. 358/25 dated 01.09.2025 to the Superintendent, DMCH, Darbhanga, with the finding that the colour vision of the petitioner was abnormal. Thereafter, the Superintendent, DMCH, Darbhanga, vide Letter No. 6137 dated 03.09.2025 forwarded the enquiry report to the Superintendent of Police, Supaul.

10. Counsel specifically submits that the petitioner was medically examined by three different Medical Boards consisting of different sets of doctors. Therefore, the petitioner

7/7 cannot claim to be examined again by another Medical Board. Counsel further submits that the present writ application is devoid of merit and is liable to be dismissed.

11. In light of the submissions made above, and particularly the fact that on the request of the petitioner the medical test of the petitioner was conducted thrice, and on all three occasions colour blindness was found in his eyes, learned counsel for the petitioner seeks interference by the Court only on the basis of a colour blindness test conducted by a Civil Surgeon. The Court is not inclined to interfere in the matter, as there are three consistent reports against the petitioner.

12. Accordingly, the present writ petition stands dismissed.

(Dr. Anshuman, J.) Aman Kumar/- U