WP(C)/2733/2024 of SUMAN DAS Vs THE UNION OF INDIA AND 7 ORS on 5 February 2026

ORDER

Date : 06.02.2026 Heard Mr. R. Islam, learned counsel for the petitioner and also heard Ms. S. Baruah, learned CGC. Mr. B. Gogoi, has appeared on behalf of the Medical Board being authorized with the Director of Health State of Assam which was requested to carry out medical board of the petitioner with regard to the allegations that he has Defective Colour Vision. The earlier order of this Court of 19.09.2025 reflects as follows: “Heard Mr. R. Islam, learned counsel for the petitioner and Ms. S. Baruah, learned CGC. The grievance raised in the instant writ petition, is rejection of the petitioner's appointment to the post of Constable in the Central Industrial Security Force (CISF), pursuant to the recruitment process in question; on the ground that he is medically unfit due to lack of requisite eye vision. Mr. Islam, learned counsel for the petitioner submits that in the first round of the medical examination, conducted by the respondent authorities; he, being medically found fit, was given the provisional appointment by letter dated 22.08.2023, subject of-course, to a fresh medical examination. Mr. Islam further submits that pursuant to his joining, he was again medically examined; wherein, he was declared unfit, due to Defective Colour Vision (CPV) for which, he was found not suitable for the post in question and accordingly, his provisional appointment order was withdrawn by order dated 16.01.2024. It is pertinent to note that though, an appeal was also preferred before the Review Medical Board, which, also after examining him, found him unfit. However, it appears that subsequent to his being found medically unfit by the respondent medical review board, two independent medical authorities upon examining him; one being the Registrar of Ophthalmology, Regional Institute of Ophthalmology, Guahati Medical College and Hospital (GMCH), Guwahati, on 02.03.2024 and the other, being the Associate Professor, Department of Ophthalmology, All Indian Institute of Medical Sciences (AIIMS), Guwahati, on 06.03.2024; he was declared free from Defective Colour Vision, likely to interfere with the efficiency of his/her work and found him/her possessing good health. In view of the conflicting medial opinions, and having regard to the nature of employment involved, this Court is of the considered view that the matter requires an independent Medical Opinion. Accordingly, it is directed that an independent Medical Board be constituted by the Director of Health, State of Assam, comprising specialists in Ophthalmology, to examine the petitioner. The Medical Board shall specifically assess and record, whether there exist any defect or shortcomings in the petitioner's eyesight, which may reasonably hinder the effective performance of duties attached to the post of Constable. The petitioner shall present himself before the said Medical Board on the date and time, to be fixed by the authorities. The Medical Board shall conduct a thorough examination, furnish detailed report, and forward the same to this Court within a period of 3 (three) weeks from the date of examination”. Mr. B. Gogoi, learned Additional Advocate General/Standing counsel Health Department, has placed the report of the Review Medical Board before this Court which shows the petitioner indeed suffers from Defective Colour Vision. Since a board of specialist in Ophthalmology has opined that the petitioner suffers from the defect during the Review Medical Board, this Court cannot proceed to grant the release prayed for in the writ petition. Accordingly the prayers are rejected. Writ petition is closed. The report of the Medical Board constituted by the Director of Health Services is kept on record and marked X. JUDGE Comparing Assistant