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Patna High Court

Raju KumarversusThe State Of Bihar and Ors

Decided
Disposal
DISMISSED

Holding

The original medical board’s finding of unfitness stands and the petition for mandamus is dismissed.

Summary

The petitioner, Raju Kumar, applied for a home‑guard post under Advertisement No. 2 of 2011 but was declared medically unfit due to "knock knee" by the recruiting medical board and consequently not selected. He later obtained a medical report from Patna Medical College Hospital (PMCH) dated 25‑July‑2015 stating he was fit, and filed a writ petition seeking a mandamus directing the respondents to nominate him and accept the PMCH report. The respondents argued that the selection process and medical examination were conducted by a duly constituted committee, that there is no provision for a re‑medical test, and that the petitioner's objections were unsustainable. The court relied on the Delhi High Court’s decision in KM Priyanka vs Union of India, which held that once a medical board for a force deems a candidate unfit, later opinions of private or other government doctors cannot override that finding. Applying this principle, the court concluded that the petitioner had not made out a case for relief and dismissed the writ application.

Issues considered

  • Whether the petitioner is entitled to be declared fit based on a subsequent medical report and be appointed as home guard.
  • Whether the court can direct the respondents to overturn the original medical board's finding of unfitness.
  • Whether the writ of mandamus is maintainable in the circumstances.

Subjects

  • home guard recruitment
  • medical fitness
  • mandamus
  • selection process
  • medical board
  • re‑examination
  • administrative law

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.2316 of 2017
     ======================================================
     Raju Kumar Son of Shri Devendra Jha, Resident of village - Meghaul, Police
     Station - Khodabanpur, District - Begusarai

                                                                ... ... Petitioner/s
                                       Versus
1.   The State of Bihar
2.   The Principal Secretary, Home Special , Department, Government of Bihar,
     Patna
3.   The Director General - Cum - Commandant General, Bihar Homeguards,
     Patna

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :      Mr. Manoj Kumar Singh, Advocate
                                   Mr. Sikandar Kumar Yadav, Advocate
     For the Respondent/s   :      Mr. Md. Irshad, AC to SC- 1
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
     ORAL JUDGMENT

     Date : 20-01-2026

                       Heard learned counsel for the petitioner and learned

      counsel for the respondents.

                       2. Aggrieved by his non-selection as home guard

      pursuant to Advertisement no. 2 of 2011, the petitioner has

      preferred the instant writ application for the following relief:

                                                 “1.    That    this     is   an
                                    application for issuance of a writ in
                                    the nature of Mandamus and/or any
                                    other appropriate writ, order or
                                    direction    commanding        upon       the
                                    respondents to make nomination of the
                                    petitioner as Home -gaurd against the
                                    5 post for Khodabandpur Block, and
Patna High Court CWJC No.2316 of 2017 dt.20-01-2026
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                                         further to direct the respondents to
                                         accept the report dated 25-07-2015 of
                                         the P.M.C.H. whereby fresh medical
                                         examination of the petitioner for his
                                         fitness was done and he has been
                                         declared fit and to hold that earlier
                                         Medical Board Report was erroneous
                                         whereby        nothing    abnormal      was
                                         detected and the remark has been
                                         noted ‘Knee knock’ though the knees
                                         of the petitioner do not touch each
                                         other in any way which is apparent by
                                         simple       look   and   to   direct   the
                                         respondents         to    consider      the
                                         petitioner’s case for their selection/
                                         nomination as Home-guards.”

                         3. It is the case of the petitioner that having applied

         for appointment as home guard against Advertisement no. 2 of

         2011, the petitioner participated in the physical test but was

         incorrectly shown as unfit and suffering from knock knee. It is

         the case of the petitioner that soon thereafter he got himself

         examined in the Patna Medical College Hospital (PMCH) and

         as per the report dated 25.7.2015 (Annexure-5), there is a clear

         finding/certification to the effect that the petitioner does not

         suffer from knock knee. As such, it is submitted by learned

         counsel for the petitioner that having illegally being declared
Patna High Court CWJC No.2316 of 2017 dt.20-01-2026
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         medically unfit and in view of his examination conducted at

         PMCH, the petitioner be selected as home guard and direction

         be given to the respondents to appoint him.

                         4. The application is opposed by learned counsel

         appearing for the respondents. Referring to the contents of the

         counter affidavit, it is submitted that after the initial process of

         selection, all the candidates were medically examined and 107

         of the candidates including the petitioner were disqualified for

         one reason or the other. Out of the disqualified candidates, 59

         persons submitted their objections requesting for re-medical

         test. The petitioner also requested that he be re-examined in

         view of the medical test report of the PMCH. It is submitted by

         learned counsel for the respondents that the objections were

         referred to a duly constituted committee which after having

         scrutinized and checked the objections found the same

         unsustainable. It is further submitted that there is no provision

         for re-medical test and thus the request of the petitioner was

         rejected. It is submitted that no case for grant of any relief has

         been made out by the petitioner.

                         5. Heard learned counsel for the parties and perused

         the material on record.

                         6. The matter arises out of Advertisement no. 2 of
Patna High Court CWJC No.2316 of 2017 dt.20-01-2026
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         2011 published by the respondents on 16.7.2011 in the daily

         newspaper for appointment of home guards in rural and urban

         areas in the State of Bihar. Out of the total vacancy of 11122, in

         the district of Begusarai with which the petitioner is interested,

         there were 153 vacancies of rural home guards and 17 for urban

         home guards. Pursuant to having been found fit in the physical

         test, the petitioner was medically examined by the team of

         specialized Doctors who diagnosed the petitioner to be having

         knock knee and thus the petitioner was not selected. The

         petitioner, on the other hand, relies on the subsequent medical

         test undergone by him at the PMCH.

                         7. At this stage, it would be relevant to take into

         consideration the judgment in the case of KM. Priyanka vs.

         Union of India & Ors. [W.P.(C) 10783 of 2020] wherein the

         Delhi High Court in paragraph no. 8 has held as follows:

                                                      “8. We have on several
                                         occasions observed that the standard of
                                         physical fitness for the Armed Forces and
                                         the Police Forces is more stringent than
                                         for civilian employment. We have, in Priti
                                         Yadav Vs. Union of India 2020 SCC
                                         OnLine Del 951; Jonu Tiwari Vs. Union
                                         of India 2020 SCC OnLine Del 855;
                                         Nishant Kumar Vs. Union of India 2020
                                         SCC OnLine Del 808 and Sharvan
                                         Kumar Rai Vs. Union of India 2020 SCC
Patna High Court CWJC No.2316 of 2017 dt.20-01-2026
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                                         OnLine Del 924, held that once no mala
                                         fides are attributed and the doctors of the
                                         Forces who are well aware of the
                                         demands of duties of the Forces in the
                                         terrain in which the recruited personnel
                                         are required to work, have formed an
                                         opinion that a candidate is not medically
                                         fit for recruitment, opinion of private or
                                         other government doctors to the contrary
                                         cannot be accepted inasmuch as the
                                         recruited personnel are required to work
                                         for the Forces and not for the private
                                         doctors or the government hospitals and
                                         which medical professionals are unaware
                                         of the demands of the duties in the
                                         Forces. In fact, the case of Priti Yadav
                                         (supra) also related to ‘cubital valgus’. It
                                         is also to be noted that the specialists
                                         that the petitioner had consulted had also
                                         found that the petitioner suffered from
                                         ‘cubital     valgus’ and   therefore,   the
                                         findings by the Medical Boards were not
                                         wrong.”

                         8. Taking into consideration the facts of the instant

         case and the decision in KM. Priyanka (supra), it has to be

         reiterated that once on a medical examination being conducted

         for recruitment of personnel for the forces and a person is found

         not to be medically fit for recruitment, subsequent medical

         examination of the petitioner/candidate by some other private or
             Patna High Court CWJC No.2316 of 2017 dt.20-01-2026
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                      government Doctor with results to the contrary cannot be

                      accepted as the candidate to be appointed is required to perform

                      the work of the force which the other medical personnel or the

                      other Doctors conducting the medical test on the petitioner are

                      not aware of.

                                      9. For these reasons, once the petitioner was found

                      medically unfit for appointment by the Doctors who examined

                      the petitioner in the process of selection for appointment as

                      home guard, in the opinion of the Court, the re-examination

                      even by a government Doctor of PMCH who is not aware of the

                      requirements of the work the petitioner is required to carry out

                      as a home guard would not be of much assistance to the

                      petitioner.

                                      10. In view of the facts and circumstances of the

                      case, in the opinion of the Court, the petitioner has not made out

                      any case for grant of relief in the instant application.

                                      11. The application is dismissed.




                                                  (Partha Sarthy, J)
sauravkrsinha/-
AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          20.1.2026
Transmission Date       NA


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