WP(C) 4978/2010 BEFORE HON’BLE MR. JUSTICE B.K. SHARMA Heard Mr. P.C. Dey, learned counsel for the petitioner as well as Mr. A. Hussain, learned CGC. The petitioner is aggrieved by Annexure -F declaration dated 31.07.2010 holding him to unfit due to RT varicose vein lower limb (OPTD) Residual Varicos ities . For a ready reference, the certificate is reproduced below: PERMANENT UNTIF CERTIFICATE This is to certify that Chest No. 4168 Name Abdul Mannan, S/o. Nurul Isl am whose attested photograph has been pasted above mentioned marks as under: a) 2BM on the Lt cest b) ABM on the Lt mandible He is declared permanent UNTIF due to RT varicose vein lower limb. (OPTD) Residual Varicosities. Sd/- Illegible Dy Comdt./Asstt. Comdt. Medical Officer At Comp. Hos. Dimapur On the other hand, referring to Annexures-E, E1 and G documents pertaining to me dical examination of the petitioner by one Dr. Debabrata Das of Rampur SD Hospit al, Birbhum, it is the stand of the petitioner that he is now medically fit and that there is no varicose vein present after operation that was done on him. Fur ther stand of the petitioner is that the impugned medical certificate declaring him unfit was issued without properly examining him by a duly constituted medica l Board. Mr. Hussain, learned counsel for the respondents on the other hand submits that the petitioner was examined by a duly constituted medical Board which found him to be unfit (permanent disability) for the job in question. In this connection i t has been stated in paragraph 10 of the counter affidavit. 10. That with regard to the statements made in paragraph 13 of the writ petiti on, your deponents begs to state that it is further reiterated that a thorough a nd proper medical examination was carried out by three medical officers. Though varicose veins are treatable, in this case residual varicosities were detected i n his right lower limb. Such conditions are always aggravated following strenuou s physical activity and a person enrolled in the Assam Rifles as a Rfn./GD is su bjected to training and duties which involve strenuous physical activities. Henc e, it was felt by all the members of the board that the petitioner is unfit for service in the Assam Rifles. The petitioner was medically examined by a review medical board on 31.07 .2010, but on the other hand he was declared to be medically fit by Annexure-G1 certificate dated 03.08.2010 issued by the Medical Officer, Rampur SD Hospital, Birbhum. Because of the said variation, Mr. Dey, learned counsel for the petitio ner prays for a direction to the respondents to once again examine the petitione r. He further submits that upon such examination, if it is found that the petiti oner is not medically fit, his selection for appointment will automatically get cancelled. Considering the matter in its entirety, I am of the considered view that the re-medical examination of the petitioner may not be impermissible. Accordin gly, the respondents may re-examine the petitioner and verify about his claim of being medically fit. Let the re-medical examination be done as expeditiously as possible preferably w ithin 31.07.2011. Whatever may be the outcome of such re-medical examination, sa me shall be communicated to him.