Patna High Court
Tarun KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- ANSHUMAN
Holding
The court held that the three consistent medical board reports establishing colour blindness are conclusive, and therefore no fresh medical board can be ordered; the writ petition is dismissed.
Summary
The petitioner, Tarun Kumar, applied for a constable post under Advertisement No. 01 of 2023 and cleared the written, physical, and initial medical examinations, receiving a gate pass and allocation to Supaul district. During the medical test he was declared unfit due to colour blindness, and despite three separate medical board examinations—including a re‑test at Supaul and a test at Darbhanga Medical College—he was consistently found to have abnormal colour vision. He filed a writ petition seeking mandamus directing the Superintendent of Police and the Central Selection Board to constitute a fresh medical board, to record the re‑medical test report, and to conduct another independent eye test. The State and the Central Selection Board contended that the three consistent medical reports were conclusive and that the petition lacked merit. The Court examined whether a fresh medical board could be ordered despite the prior consistent findings and held that the existing reports were sufficient to determine unfitness. Consequently, the Court dismissed the writ petition, refusing to order any further medical examination.
Issues considered
- Whether the petitioner is entitled to a mandamus directing the constitution of a fresh medical board for an eye test despite three prior medical board reports finding colour blindness.
- Whether the court can intervene in the recruitment authority's decision on medical fitness when consistent medical reports exist.
- Whether a candidate can be subjected to another medical examination after multiple examinations have already concluded unfitness.
Subjects
- mandamus
- medical fitness
- colour blindness
- public service recruitment
- writ petition
- medical board
- court interference
Judgment
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
3 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
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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
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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
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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
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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 Surgeon-
cum-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
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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
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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
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