WP(C) 1305/2011 BEFORE THE HON’BLE MR. JUSTICE IA ANSARI Heard Ms. S Bora, learned counsel for the petitioner, and Mr. KA Mazumda r, learned Central Government Counsel, appearing on behalf of respondents. The issue in this writ petition is the question of medical fitness of th e petitioner for the purpose of recruitment to the post of Rifleman, on general duty, in the Assam Rifles. The petitioner participated in the recruitment proces s held by the respondents, on 28-07-2008, at Dimapur. Though the petitioner was issued a provisional appointment letter, on 21-01-2008, the petitioner had to fa ce another medical examination and in the medical examination, so held, on 08-12 -2008, the petitioner was declared to be unfit for the post aforementioned due t o ’flat feet’ and ’deformity of middle finger’. Aggrieved by the medical report, the petitioner got himself examined at Naga Hospital, Kohima, and, upon examina tion, the Head of the Department, Orthopedic, declared the petitioner medically fit and issued a certificate, in this regard, on 12-12-2008. The petitioner, the refore, preferred an appeal against the decision, which had been communicated to him of his being found medically unfit. The petitioner was, then, re-examined b y another Medical Board and was declared to be unfit on the same ground, namely, ’flat feet’ and ’deformity of middle finger’. Aggrieved by this decision, the p etitioner got himself medically examined, once again, at the Naga Hospital, Kohi ma, and on, his re-examination, the doctors of the said hospital declared him fi t and issued a certificate in this regard. Aggrieved by the decision of the resp ondents/authorities concerned, the petitioner has filed this writ petition, unde r Article 226 of the Constitution of India, seeking issuance of appropriate dire ctions. Appearing on behalf of the petitioner, Ms. Bora, learned counsel, submits that i n the facts and attending circumstances of the present case, a further Review Me dical Board may be directed to be constituted with a specialist in the field of Orthopedic so as to ascertain if the petitioner is really unfit for the post, in question, due to ’flat feet’ and ’deformity of middle finger’. While considering the submission noted above, it needs to be noted, though in th e context of the fats of the present case, appropriate remedy for the petitioner really lies in instituting a civil suit so that evidence of both sides could ha ve been laid and the Court could have decided as question of fact as to whether the petitioner is or is not medically fit. The petitioner has, however, submitte d copies of the order, dated 10-06-2010, passed in WP(C) Nos. 2593/09 & 2475/09 and also a copy of the order, dated 17-06-2011, passed in WP(C) No. 4978/2010, w hereby the Court has directed Review Medical Board for examination of the petiti oner. Keeping in view the nature of directions, which had been passed in WP(C) Nos. 25 93/09, 2475/09 & 4978 of 2010, and the requirement to maintain parity in the dir ections of this Court, it is hereby directed that a Review Medical Board shall b e constituted by the respondents/authorities concerned with a specialist in the field of Orthopedic and the petitioner shall be medically examined by the Board to be so constituted within a period of six weeks from today. Whatever may be th e decision of the Review Medical Board, the same shall be communicated, in writi ng, to the petitioner. It is, however, made clear that the directions, which have been passed above, sh all not be treated as a general precedent and it would depend on the facts of th e case as to whether Review Medical Board shall or shall not be directed to be c onstituted. With the above observations and directions, this writ petition shall stand dispo sed of.