IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6414 of 2009 RAVI KUMAR Versus THE UNION OF INDIA &ORS ----------- 2. 21.05.2009 Heard learned Counsel for the petitioner and the learned Counsel for the State. In response to an advertiseme4nt for appointment on the post of Airman in Group ‘X’ (Technical) Trade, published by the respondents, the petitioner appeared at the written test and interview successfully. He was medically examined on 8th September 2008 which found him temporarily medically unfit on the grounds of; (a) refractive error & (b) sub standard weight. He was called for medical examination again on 3.11.2008 when he was again classified finally as of sub standard weight. The petitioner represented against the same in appeal when now he has been classified as having ‘genu valgum’. Learned Counsel for the petitioner is right in his submission that the three medical tests have been conducted in close proximity. On the earlier two occasions no such ailment of the knee has been found as has now been found when in the appeal fresh medical examination was directed. It appears that the petitioner is placing reliance on some private medical reports in support of his submission that he does not suffer from any such ailment of the knee. The medical fitness of a candidate is for the appointing authority to consider and not for the Court to sit in judgement over it unless a case is made out warranting interference. On the facts of this case the Court finds substance in the plea of the petitioner that in earlier two medical tests done in close proximity to the third no such ailment of the knee had been found. If the petitioner presents himself before the appointing authority with up to date certificate from a government hospital, the respondents being government authority, this Court expects that the same shall be considered by the respondent but of course keeping in mind the nature of the appointment and the duties to be performed if appointed vis a vis the fresh report that might be there. The writ application stands disposed with the aforesaid observations. Snkumar/- (Navin Sinha,J.)