High Court of MeghalayaShri. Dhirendra Singh Jadon vs . Union Of India & Ors. on 22 July, 2022Author:H. S. ThangkhiewBench:H. S. ThangkhiewSerial No. 38\nRegular List\n                             HIGH COURT OF MEGHALAYA\n                                   AT SHILLONG\n\n   WP(C) No. 508 of 2019                               Date of Decision: 22.07.2022\n\n\n   Shri. Dhirendra Singh Jadon                Vs.          Union of India & Ors.\n\n   Coram:\n                           Hon'ble Mr. Justice H. S. Thangkhiew, Judge\n\n\n   Appearance:\n   For the Petitioner/Appellant(s) :          Mr. S. Chakrawarty, Sr. Adv. with\n                                              Ms. A. Barua, Adv.\n\n   For the Respondent(s)              :       Dr. N. Mozika, ASG with\n                                              Ms. M. Nongrum, Adv.\n\n\n   i)         Whether approved for reporting in                   Yes/No\n              Law journals etc.:\n\n   ii)        Whether approved for publication\n              in press:                                           Yes/No\n\n\n                         JUDGMENT AND ORDER (ORAL)1.         The brief facts of the case are that the petitioner had qualified\n\n         for recruitment into the Assam Rifles as a Technical Tradesman in the\n\n         rank of Radio Mechanic Warrant Officer, and was duly appointed by a1Provisional Appointment letter dated 27.07.2018 issued by the\n\nrespondent No. 4. After reporting for joining his post, the petitioner was\n\nmade to undergo a Review Medical Examination and was found to be\n\nunfit for recruitment in the Assam Rifles on account of his vision being\n\nfound to be of CP IV Level. The petitioner was then sent to the Central\n\nReserve Police Force Composite Hospital at New Delhi to undergo a\n\nReview Medical Examination by a Medical Board and was found to be\n\nunfit for service due to defective Colour Perception of the category CP\n\nIV. Thereafter, by a rejection slip dated 10.01.2019, issued by the\n\nrespondent No. 7, the candidature of the petitioner for appointment in the\n\nAssam Rifles, was rejected on the ground of defective colour vision.2.       The petitioner thereafter, filed a representation on 21.01.2019,\n\nbefore the respondent No. 3, and as no reply was forthcoming filed a writ\n\npetition being WP(C) No. 47 of 2019 before this Court, which directed\n\nthat the pendency of the writ petition shall not operate as a bar for\n\ndeciding the appeal, if filed or may be filed by the petitioner. On an\n\nappeal being filed by the petitioner dated 27.03.2019, the respondent No.\n\n3 by reply dated 29.03.2019 informed that further re-medical\n\nexamination of the petitioner cannot be considered. The said WP(C) No.\n\n47 of 2019, was then disposed of as infructuous, with liberty given to the2petitioner to assail the order dated 29.03.2019. Hence, the petitioner is\n\nbefore this Court again by way of this instant Writ Petition.3.       It is contended by Mr. S. Chakrawarty, learned senior counsel\n\non behalf of the petitioner that, having been found medically fit initially\n\nfor appointment in the Assam Rifles, the findings of the Medical Board\n\nsubsequently that the petitioner was unfit with CP IV vision is not\n\ntenable. It is submitted that, no where in the rules of any provision, has\n\nit been stipulated that a candidate having CP IV vision, be not eligible\n\nfor appointment in the Assam Rifles. He further submitted that, many of\n\nthe grounds in the appeal filed by the petitioner were not addressed by\n\nthe respondent while disposing of the appeal. He thus prays that the\n\nimpugned rejection slip dated 10.01.2019, be set aside and quashed.4.       Dr. N. Mozika, learned ASG assisted by Ms. M. Nongrum,\n\nlearned counsel for the respondents in reply submits that there are\n\nuniform guidelines for recruitment and different visual standards for\n\ndifferent categories are prescribed. He submits that, though CP IV\n\nstandard is permissible in certain trades like education, animal transport,\n\nbarber, washerman, water carrier, etc., the post the petitioner had applied\n\nfor, that is Radio Mechanic, required at least CP III, hence, the petitioner\n\nwas ineligible for enrolment as Radio Mechanic in the Assam Rifles. It\n\nis further submitted that, the appointment granted earlier to the petitioner3was provisional, made on the basis of an initial assessment pursuant to a\n\nrecruitment rally. The Review Medical Examination, he submits, having\n\nfound the petitioner unfit, as per the uniform guidelines for recruitment,\n\nas contained in the memorandum dated 20.05.2015, wherein, it has been\n\nstipulated that colour vision test should be done once at the time of\n\nrecruitment and later on at the time of basic training, there was no\n\nquestion of granting enrolment to the petitioner in the Assam Rifles.5.       Heard learned counsels for the parties and after carefully\n\nperusing the materials on record, it is noted that the petitioner has been\n\ngiven adequate chance and opportunity on the two main counts, that is\n\ntest of fitness and opportunity of hearing. The respondents to assess the\n\npetitioner's fitness, had subjected him to Review Medical Examinations\n\ntwice, initially at the training centre at Assam Rifles, Dimapur and later,\n\nby the Medical Board at New Delhi, where he was found unfit on both\n\noccasions as having CP IV vision. Thereafter, his appeals were decided\n\nin accordance with the prescribed medical fitness guidelines.6.       In the face of such facts and circumstances, it is clearly seen\n\nthat, there is no infirmity in the decision of the respondents and the non-\n\nenrolment of the petitioner in the Assam Rifles cannot be said to be\n\nillegal or arbitrary. There being no merit in the instant writ petition, the\n\nsame is accordingly dismissed.47.           There shall be no order as to costs.Judge\n\n\nMeghalaya\n22.07.2022\n"D.Thabah-PS"5