Patna High Court
Ranjit Paswan vs The State Of Bihar on 18 June, 2025
Author: Harish Kumar
Bench: Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10334 of 2022
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Ranjit Paswan S/o Yadunandan Paswan, Resident of Village Chinberiya, P.S.
Laxmipur, Dist. - Jamui.
... ... Petitioner/s
Versus
1. The State of Bihar through District Magistrate, Jamui.
2. Principal Secretary, Department of Home, Govt. of Bihar, Patna.
3. Director General cum Commandant General, Home Guard and Fire
Services, Bihar, Patna.
4. District Magistrate cum Chairman, District Selection Committee for Bihar
Home Guard Force Fresh Admission/Empanelment, Jamui.
5. Superintendent of Police, Jamui.
6. Senior District Police Commandant, Jamui.
7. Sitaram Manjhi S/o Devi Manjhi, resident of Village Chinberiya, P.S.
Laxmipur, Dist. - Jamui.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Prabhat Ranjan Singh, Advocate
For the Respondent/s : Mr. Shailesh Kumar, Advocate
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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 18-06-2025
Heard Mr. Prabhat Ranjan Singh, learned Advocate
for the petitioner and Mr. Shailesh Kumar, learned Advocate for
the State.
2. The petitioner is one of the aspirants for the post of
Home Guard in terms of Advertisement No. 02/2011; on being
aggrieved with the action of the respondent(s), he has
approached this Court seeking a direction upon the concerned
respondent, especially respondent no.4 to hold a fresh medical
test for him as he has been wrongly held medically unfit on the
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basis of so-called infirmity i.e. colour blindness. The challenge
is also made to the medical reports, whereby the petitioner has
been declared unfit.
3. Learned Advocate for the petitioner submitted that
in terms of the Advertisement No. 02/2011, the petitioner
participated in the selection process and on being found
physically fit, he was asked to participate in the medical test. In
pursuant to the notice dated 18.04.2022, the petitioner ensured
his presence and appeared for his medical test but he was
declared unfit on account of colour blindness. Immediately,
thereafter fresh notice was issued inviting all the candidates who
were declared medically unfit to participate in the re-medical
examination. The petitioner ensured his presence; however, on
the re-medical examination test also, he was again declared unfit
owing to colour blindness. Aggrieved with the medical report,
the petitioner approached Jawaharlal Nehru Medical College &
Hospital, Bhagalpur and got himself examined in the
Ophthalmology Department. After proper examination, the
doctor of the J.L.N.M.C.H., Bhagalpur found the petitioner fit
and there was no deficiency, much less colour blindness. To
support the aforesaid contention, O.P.D. slip issued by the
J.L.N.M.C.H., Bhagalpur has been placed on record as
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Annexure-5.
4. Referring to the supplementary affidavit, learned
Advocate for the petitioner further contended that the petitioner
also got examined himself at Rajendra Nagar Super Specialist
Eye Science Centre on 21.09.2023 where also the Medical
Officer has opined that the petitioner, no way suffers from
colour blindness. On the strength of the aforesaid medical
reports, submission has been made that a fresh Medical Board
be constituted to verify the genuineness of the earlier two
reports issued by the Doctors of the Selection Committee.
5. On the other hand, learned Advocate for the State
submitted that it is the admitted position that twice the petitioner
was subjected to medical examination and on both the times, the
doctor of the Selection Committee opined that the petitioner
suffers from infirmity of colour blindness. Hence, the petitioner
has no locus to challenge the report of the doctors. The
contention of the petitioner that the candidates who were
declared unfit in the first round of medical test have been
declared fit in the re-medical test reflects discrimination is
without any substance and has no leg to stand as in the
re-medical test, they have been declared fit whereas the
petitioner has been declared unfit.
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6. This Court has considered the submissions
advanced by the learned Advocate for the respective parties.
7. Before parting with the case, it would be pertinent
to note that while exercising the power of judicial review, the
role of this Court is limited to the extent of examine decision
making process and not the decision. Further the Court is not
required to sit over the decision and adjudicate upon the
correctness of the opinion, especially when the Court does not
have expertise to decide as to whether the opinion of the expert
is right or wrong.
8. The learned Division Bench of this Court in the
case of Union of India and Others v. Vikash Kumar [2016 (2)
PLJR 281] has emphasized that “the report of the experts of the
Review Medical Board cannot be interfered with only because
some doctor opined the other way. If there is no allegation of
bias or mala fide against any of the members of the Medical
Board or the Review Medical Board, the conclusions drawn by
the Medical Board cannot be negated on the basis of a civil
doctor, unaware of the physical standards required in the Para
Military Forces. The opinion of the Board or the Review
Medical Board cannot be said to be inchoate, casual,
perfunctory or vague as there is no material to say so. The
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learned Division Bench has observed that the High Court, in
exercise of power of judicial review, should not have directed
the medical examination by a doctor posted in the High Court
and to order his appointment only on the basis of such report.”
9. In view of the settled proposition, this Court does
not find any reason or occasion to interfere in the matter.
Accordingly, the present writ petition stands dismissed.
(Harish Kumar, J)
rohit/-
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