CW 6772/06 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.6772/06 Prahlad Singh Meena Versus Union of India & Ors. DATE OF ORDER : 13/01/2009 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. Mohan Singh Raghaw, for petitioner Mr. Angad Mirdha, for respondents *** Instant petition has been filed by petitioner assailing medical report, which holds him unfit for the post of Head Constable [Ministerial] in which he was finally selected in CRPF. Petitioner was finally selected as Head Constable [Ministerial] after undergoing process of selection laid down by the respondents and he was provisionally appointed vide letter dt.15th January, 2006 – in pursuance thereof, he reported for duty on 28th January, 2006. But, this provisional appointment was subject to Clause 4 (h) of the order of appointment where he has to seek medical fitness from the medical officer of the department. However, medical board found the petitioner unfit. Extract of report of medical CW 6772/06 [2] board is reproduced as under: “Fibropetchy opacities notes in right upper zone. Right hilum is prominent suggestive of mild lymphadenopathy. Above Features suggest possibility of pulmonary koch's.” and because of his medical unfitness, he was not allowed to continue any further. Petitioner submitted appeal and requested for review medical board which was allowed by the respondents. In pursuance thereto petitioner appeared before review medical board and on its examination, the review medical board also found the petitioner medically unfit and extract of opinion is reproduced as under: “due to Fibrotic stones ore seen in right upper zone- Impression- old healed KOCHS ELISA Test FOR TUBERCULOSIS (+ve)” Counsel for petitioner submits that he got himself medically examined by medical officer of government referral Hospital [Ann.5 & Ann.6], who has found the petitioner medically fit and in such circumstances, atleast he may be sent once again before Medical Board who may examine independently with regard to his medical fitness CW 6772/06 [3] in regard to post for which he was finally selected. Respondents in their reply has categorically averred about report of Medical Board & of review medical board both the Boards constituted by the respondents found the petitioner medically unfit and his provisional appointment was subject to medical fitness. On account of his medical unfitness, counsel submits that he has rightly been disallowed to continue any further. Counsel for respondents further submits that medical board was duly constituted by the respondents on both the two occasions while found the petitioner medically unfit and in such circumstances, report of State Medical Refral Hospital will not be of any significance so far as examining petitioner's medical fitness vis a vis duty which he has to discharged in the department. This court finds no substance in the submission made by counsel for petitioner for the CW 6772/06 [4] reason that medical board constituted by the respondents twice has examined the petitioner and found him medically unfit and this court is not sitting as an appellate authority to re- appreciate the medical fitness report opined by Medical experts. Even otherwise, this court is not supposed to interfere in the opinion expressed by expert constituted for the purpose and so far as report of State Medical Refral Hospital is concerned it will not be of any assistance to the petitioner. Consequently, this court finds no substance in the instant petition, the same stands dismissed. [AJAY RASTOGI], J. FRBOHRA6772CW06 13-1.doc