IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11108 of 2007 LAL KISHORE KUMAR Versus THE UNION OF INDIA & ORS ----------- 3 08.09.2008 Petitioner was seeking appointment under the respondents on the post of Constable(General Duty) based on initial advertisement issued on 28.6.2005. He was otherwise successful but for the fact that he was found medically unfit on the ground that in the right thumb of the petitioner part of it had been lost in some accident and which has been described in medical terms as loss of distal phalanx of right (dominant) hand . The review medical board also agreed with the initial finding of the medical officer. His unfitness of the kind pointed out above has come in his way for final appointment. Respondents in the counter affidavit have brought on record the medical opinion even rendered by review medical board and they have justified refusal of appointment on this score. Learned counsel for the petitioner, however, submits that the problem pointed out by the medical board no doubt records the physical condition of the petitioner but whether the same comes in the way of performance of his duty and whether it is one of the grounds for medical unfitness which have been laid down within the parameters of the rules in this regard is not indicated in the counter affidavit. Petitioner is at present in Court and has personally shown his thumb which is the bone of contention in the present writ application. There is no dispute over the fact that part of upper - 2 - portion of the thumb has been lost in some accident but whether loss is of the category which will come in the performance of his duties due to immobility and other responsibility connected to the post is not reflected in the opinion of the medical board or the review medical board because ultimately the unfitness must relate to the aspect, whether petitioner in his physical condition can make an efficient constable (general duty) under the CRPF and whether it is a disability under the rules? Since the Court is no expert on such issues a direction is hereby issued upon Additional D.I.G., CRPF, Muzaffarpur who shall get the petitioner examined by a medical board afresh which shall include an orthopedic and expert of the kind who can render opinion on the issue whether loss of part of his upper thumb of the right hand renders him incapable of the performance of the responsibility which can be saddled upon him if he is otherwise selected on the post of constable (general duty). The outcome of the issue of appointment to the petitioner shall be dependent on the opinion of the medical board obtained in this regard in terms of the direction of this Court. The writ application stands disposed of with the above liberty and direction with hope that a final decision would be taken within a period of three months from the date of communication/production of a copy of this order. rkp (Ajay Kumar Tripathi, J)