Patna High Court
Shashi Bhushan SinghversusThe Union Of India and Ors
- Decided
- Disposal
- DISMISSED
Holding
The writ petition is devoid of merit and is dismissed.
Summary
The petitioner applied for the post of Constable/Fire in the CISF and cleared the physical and written tests. He was declared medically unfit in the initial medical examination and was given an opportunity to appeal, which he did by submitting a private medical fitness certificate after corrective surgery. The respondents directed him to appear for a review medical examination, but he failed to report, leading to his absence being recorded. The petitioner claimed the respondents acted arbitrarily by not issuing an appointment letter, while the respondents argued that medical fitness is a mandatory prerequisite and the private certificate could not be accepted. The court found that the petitioner was afforded all reasonable opportunities and that the respondents acted in accordance with the recruitment rules, concluding that the writ petition lacked merit. Consequently, the petition was dismissed.
Issues considered
- Whether the petitioner is entitled to appointment despite being declared medically unfit and failing to appear for the review medical examination.
- Whether the respondents' refusal to issue an appointment letter amounts to arbitrariness or violation of natural justice.
- Whether a private medical fitness certificate can be accepted under the CISC recruitment rules.
Subjects
- recruitment
- medical fitness
- CISF
- writ petition
- natural justice
- appointment
- eligibility
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.21793 of 2013
======================================================
Shashi Bhushan Singh Son Of Anil Kumar Singh Resident Of Village and
P.O. Barka Dumra, P.S. Muffasil, Ara, District - Bhojpur At Ara
... ... Petitioner/s
Versus
1. The Union Of India through the Director General, Central Industrial
Security Force, New Delhi
2. The Inspector General, Cisf, Eastern Zone Head Quarter, New Patliputra
Colony, Patna - 13
3. The Assistant Commandant, Cisf, Eastern Zone Head Quarter, New
Patlipura Colony, Patna - 13
4. The Chief Medical Officer, (CMO) (SG), CISF, MPRTC, Anantpura, Behror
(Raj)
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nityanand Mishra, Advocate
For the Respondent/s : M/s R.K.Sharma, CGC
Lokesh
A.K.Pandey, SCGC
======================================================
CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 31-01-2026
1. The present Writ petition is filed for
the following reliefs:
a) For issuance of writ in
the nature of mandamus directing /
commanding the respondent
concerned to issue offer of
appointment letter to the petitioner
and appoint him on the post of
Constable /Fire in CISF under
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Employment no. 32023/Constable /
Fire Recruitment-2012 Eastern
Sector, CISF for which the petitioner
selected in Physical test, written
test and medical test and finally fit
for the said post vide medical
fitness certificate dated 11.5.2013
and rectified the error dated
4.7.2013 as contained in Annexure
2(series) and 4(series) to this writ
application.
b) For directing /
commanding the respondent
concerned to consider
sympathetically and according to
merit the candidature of the
petitioner for which the petitioner is
entitled to in accordance with law
because the matter relates to the
life and career of the petitioner. If
the candidature of the petitioner
may not be considered, then the
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petitioner will suffers a lot and
deprive from his Future career.
c) For any other
relief/reliefs for which the petitioner
is entitled to in accordance with law.
2. The brief facts, as culled out from the
writ petition, are that the petitioner applied for the
post of Constable/Fire in CISF pursuant to
Employment Notice No. 32023/Constable/Fire
Recruitment–2012 (Eastern Sector). The petitioner
successfully qualified in the Physical test as well as
the written examination, securing selection on
merit. Thereafter, the petitioner appeared in the
medical examination conducted for recruitment to
the post of Constable/Fire in CISF. In the Review
Medical Examination held on 07.05.2013 at CISF
2nd Reserve Battalion, Ranchi, Jharkhand and was
declared medically unfit on the ground of “Single
testis on right side of scrotum and undescended
testis in left inguinal canal.”
3. It is submitted in the Writ petition that
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the petitioner was granted 15 days’ time to submit
a medical fitness certificate, as per Form No. CISF
(Constable)/3; so as to reach the addressee within
a period of 15 days from the date of medical
examination i.e., on or before 22.05.2013 for which
a Memorandum unfit letter dated 07.05.2013 was
issued by respondent No. 4. Pursuant thereto, the
petitioner consulted Dr. B. Kumar, Consultant
Surgeon, Raj Hospital, Ranchi, and underwent
operative correction surgery on 10.05.2013,
whereby the left testis was brought down to the
root of the scrotum. A medical fitness certificate
dated 11.05.2013 was issued by the said doctor.
4. Thereafter, the petitioner preferred an
appeal before Respondent No. 2 on
16.05.2013against medical unfitness within the
prescribed time, enclosing the medical fitness
certificate dated 11.05.2013. Subsequently, the
Assistant Commandant (respondent no.3) issued a
letter dated 28.06.2013, pointing out certain
discrepancies in the medical certificate and
directed for rectification in Form No. CISF
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(Constable)/3 Column no. 2 Form No. 1, disclosing
all the reasons for medical unfitness. In compliance
thereof, the petitioner again consulted the same
medical practitioner, and a rectified Medical Fitness
Certificate dated 04.07.2013 was issued, duly
addressing all objections raised by the
respondents. The petitioner forwarded the
rectified medical certificate to respondent no.2 on
08.07.2013 through speed post. However, no
response or decision has been communicated to
the petitioner till date, nor has any appointment
letter been issued.
5. The petitioner asserts that he is
medically fit, has cleared all stages of the selection
process on merit, and is ready and willing to serve
as Constable/Fire in CISF.
6. The Learned counsel for the petitioner
submits that the petitioner has successfully
qualified in the physical test, written examination,
and medical examination after rectification and,
therefore, is entitled to appointment on the post of
Constable/Fire in CISF. It is submitted that the initial
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declaration of medical unfitness was temporary
and curable, and the petitioner underwent
corrective surgery within the stipulated time and
submitted the requisite medical fitness certificate
well within the prescribed period. The Learned
counsel further submits that upon objection raised
by the respondents, the petitioner fully complied
with the directions by submitting a rectified
medical certificate dated 04.07.2013, clearly
mentioning all relevant medical particulars. It is
further submitted that despite full compliance and
fulfillment of all eligibility conditions, the
respondents have failed to take any decision,
which amounts to arbitrary and colourable exercise
of power. It is contended that the inaction of the
respondents has caused irreparable loss to the
petitioner, affecting his livelihood and future
career, and is violative of the principles of natural
justice, and therefore, prays to allow the Writ
petition for the relief sought.
7. A detailed counter affidavit has been
filed on behalf of the respondents denying the
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allegations made in the Writ petition.
8. It is stated in the counter affidavit that
applications were invited for filling up the posts of
Constable/Fire (Male) in CISF pursuant to Force
Headquarters letter No. E-32023(1)/13/2012/Rectt/
Constable Fire /1340 dated 06.06.2012, and the
closing date for receipt of applications for the
Eastern Zone was fixed on 18.07.2012. The CISF
Eastern Sector Headquarters, Patna, was the
application receiving authority for candidates
belonging to State of Bihar, Jharkhand and Odisha.
The petitioner, having the requisite qualifications,
applied for the said post. His application was found
in order and he was allotted Roll No. 050118300.
He qualified the PST/PET and the written
examination, and his name appeared in the merit
list. Accordingly, he was called for medical
examination at CISF 2nd Reserve Battalion, Ranchi,
on 07.05.2013.
9. Upon medical examination, the
petitioner was declared medically unfit on the
ground of “Single testis on right side of scrotum
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and undescended testis in left inguinal canal” and
a Memorandum of Unfitness was issued dated
07.05.2013, granting him liberty to prefer an
appeal within 15 days.
10. The petitioner preferred an appeal
along with a medical fitness certificate, which was
considered by the Appellate Authority. The appeal
was accepted and the petitioner was issued a call-
up letter dated 24.07.2013 directing him to appear
for Review Medical Examination on 07.08.2013 at
CISF 2nd Reserve Battalion, Ranchi. However, the
petitioner failed to report for the Review Medical
Examination and was marked absent, which was
duly recorded in his Individual Record Sheet. Since
medical fitness is an essential eligibility and is a
pre-condition under the recruitment notification.
The petitioner did not appear before the Review
Medical Board, his medical fitness could not be
assessed.
11. It is further stated that though the
initial medical fitness certificate submitted by the
petitioner was defective, he was given an
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opportunity to rectify the same vide letter dated
28.06.2013. Despite due intimation, the petitioner
did not appear for Review Medical Examination.
12. It is contended that the respondents
have acted strictly in accordance with the
recruitment rules and notification, but the
petitioner, failed to qualify the medical
examination and was not issued with an
appointment letter, and therefore prayed to
dismiss the Writ petition.
13. Heard the Learned counsel for the
petitioner as well as the Learned counsel for the
respondents. Perused the records.
14. It is not in dispute that the petitioner
was declared medically unfit in the medical
examination conducted on 07.05.2013 at CISF 2nd
Reserve Battalion, Ranchi, on the ground of “Single
testis on right side of scrotum and undescended
testis in left inguinal canal”, as recorded by Dr. N.C.
Hessa, C.M.O., CISF RTC Behror (SG). Consequently,
the petitioner was issued a Memorandum of
Unfitness dated 07.05.2013 (Form
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CISF(Constable)/1), informing him of his right to
prefer an appeal for Review Medical Examination
within the stipulated period of 15 days, failing
which his candidature was liable to be cancelled.
15. It is also not in dispute that the
petitioner availed the said opportunity and
preferred an appeal along with a medical fitness
certificate dated 04.07.2013 but did not appear
before the Review Medical Examination. Upon
consideration of the medical documents, the
Appellate Authority accepted the appeal and
accordingly issued a call-up letter dated
24.07.2013 directing the petitioner to report for
Review Medical Examination on 07.08.2013 at
0700 hours at CISF 2nd Reserve Battalion, Ranchi.
16. The counter affidavit categorically
disclose that the petitioner failed to report for the
Review Medical Examination on the scheduled date
and was marked absent, which was duly endorsed
in the Individual Record Sheet by the supervising
officer, namely Shri B.K. Chauhan, Commandant,
CISF Unit, KhSTPP Kahalgaon. This assertion has
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not been effectively controverted by the petitioner.
17. In the absence of the petitioner’s
appearance before the Review Medical Board, his
medical fitness could not be assessed, thereby
leaving the essential eligibility condition for
appointment unfulfilled. As per the recruitment
notification, medical fitness is a mandatory
prerequisite for appointment to the post of
Constable/Fire. Moreover, the Medical certificate
issued by a private doctor, cannot be considered,
as per the rules of recruitment.
18. This Court finds that the petitioner
was afforded adequate and reasonable opportunity
at every stage of the recruitment process. The
respondents acted strictly in accordance with the
recruitment rules, procedure, and notification, and
no arbitrariness, illegality, or violation of principles
of natural justice is discernible.
19. Taking into consideration the entire
material available on record and the submissions
advanced by learned counsel for both the parties,
this Court is of the considered view that the writ
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petition is devoid of merit.
20. Accordingly, the writ petition is
dismissed.
21. Interlocutory Application(s), if any,
shall stand disposed of.
(G. Anupama Chakravarthy, J)
Spd/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 31.01.2026
Transmission Date
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