Rajasthan High Court - Jodhpur
Union Of India vs Kisan Kumar (2025:Rj-Jd:11698-Db) on 3 March, 2025
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
[2025:RJ-JD:11698-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Spl. Appl. Writ No. 213/2025
1. Union Of India, Through Secretary, Ministry Of Home
Affairs, Govt. Of India, New Delhi.
2. The Director General, Crpf (Recruitment Branch), East
Block-07, Level-4, Sector 01, R.k. Puram, New Delhi.
3. Review Medical Board, Through Po/cmo (Sg) Centre At
Gc-I Crpf Ajmer Now Digp Recruitment Branch Group
Center-1Crpf Ajmer (Raj.).
----Appellants
Versus
Kisan Kumar Father/o Shri Rameshwar Lal, Aged About 28 Years,
Ward No. 8 Village Gajsar, Tehsil And District Churu (Raj.).
----Respondent
For Appellant(s) : Mr. Uttam Singh Rajpurohit for
Mr. Mukesh Rajpurohit, Dy.S.G.
For Respondent(s) : Mr. N.R. Budania.
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
HON'BLE MR. JUSTICE CHANDRA PRAKASH SHRIMALI Order 03/03/2025
1. This Application (IA No.01/25) under Section 5 of the Limitation Act has been preferred seeking condonation of delay in filing the appeal.
2. For the reasons stated in the application, the same is allowed. The delay in filing the appeal is hereby condoned.
3. With the consent of learned counsel for the parties, the matter has been heard finally.
4. This special appeal writ has been preferred by the appellants/non-writ petitioners laying a challenge to the order dated 05.11.2024 passed by the learned Single Judge of this (Downloaded on 04/03/2025 at 09:44:42 PM) [2025:RJ-JD:11698-DB] (2 of 3) [SAW-213/2025] Hon'ble Court in S.B. Civil Writ Petition No.13118/2024 (Kishan Kumar Vs. Union of India & Ors.) whereby the writ petition filed by the respondent-writ petitioner has been disposed of.
5. The Union of India has preferred the appeal regarding the recruitment for the post of Constable in the Central Reserve Police Force (CRPF) wherein the respondent-writ petition cleared his written examination and physical efficiency test and was falling within the merit list.
6. Mr. Uttam Singh Rajpurohit, learned counsel appearing on behalf of appellants-Union of India submits that the respondent was rightly declared medically unfit due to color vision deficiency by the Medical Board and the review medical in question.
7. Mr. N.R. Budania, learned counsel for the respondent-writ petitioner submits that a prestigious hospital AIIMS, Jodhpur in its Ophthalmology Department conducted a test, in which, the respondent was declared to have color vision of 21/21 alongwith normal vision of 6/6.
7.1 Learned counsel further submits that once the prestigious hospital like AIIMS, Jodhpur has declared the petitioner to have perfect color vision of 21/21 and normal vision of 6/6, then the order passed by the learned Single Bench was justified in directing that the matter be referred to another medical board of Ophthalmology Department of a designated hospital of the appellants at their choice i.e. BSF Hospital, Jodhpur and Military Hospital, Jodhpur.
8. This Court, in the very peculiar factual matrix that the sole defect in the candidature of the respondent is of color vision deficiency and the Ophthalmology Department of AIIMS Jodhpur (Downloaded on 04/03/2025 at 09:44:42 PM) [2025:RJ-JD:11698-DB] (3 of 3) [SAW-213/2025] has given color vision report of 21/21 and normal vision of 6/6 is completely in agreement with the order passed by the learned Single Bench of referring the matter to a third expert of Military Hospital, Jodhpur or BSF Hospital, Jodhpur.
9. The discretion exercised is in peculiar factual matrix, and therefore, does not call for any interference. Hence, the appeal is dismissed accordingly.
(CHANDRA PRAKASH SHRIMALI),J (DR.PUSHPENDRA SINGH BHATI),J 36-Zeeshan (Downloaded on 04/03/2025 at 09:44:42 PM) Powered by TCPDF (www.tcpdf.org)