Page No.# 1/4 GAHC040002502025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : WP(C)/69/2025 Tanni Yasing Son of Shri Taling Yasing, permanent resident of Village Yio, PO and PS Payum Kaying, Siang District, Arunachal Pradesh. VERSUS The State of AP and 4 Ors represented by the Secretary, Home, Govt of Arunachal Pradesh, Itanagar, PO and PS Itanagar, Papum Pare District, Arunachal Pradesh. 2:The Secretary Age: 0 Occupation : Arunachal Pradesh State Election Board (APSSB) Itanagar PO and PS Itanagar Papum Pare District Arunachal Pradesh. 3:The Under Secretary Age: 0 Occupation : Arunachal Pradesh State Election Board (APSSB) Itanagar PO and PS Itanagar Page No.# 2/4 Papum Pare District Arunachal Pradesh. 4:The Director TRHIMS Age: 0 Occupation : Naharlagun PO and PS Naharlagun Papum Pare District Arunachal Pradesh. 5:The Chief Medical Superintendent Age: 0 Occupation : TRHIMS Hospital Naharlagun PO and PS Naharlagun Papum Pare District Arunachal Pradesh Advocate for the Petitioner : Nikita Danggen, Honi Tana Tara,Nani Kuru,K Gao,Karmu Chotton,Oken Duggong Advocate for the Respondent : GA (AP), SC APSSB,Subu Tapin,SC(Health),Taba Tagum BEFORE HONOURABLE MR. JUSTICE NELSON SAILO ORDER Date : 10-03-2025 Parties are represented by their respective counsels. 2. On 27.02.2025, the Court has passed the following order: “Heard Ms. N. Danggen, learned counsel for the petitioner. Also heard Mr. S. Tapin, learned Senior Government Advocate for the respondent Nos. 1 to 3 and Mr. T. Tagum, learned Standing Counsel representing the respondent Nos. 4 and 5. By filing this application under Article 226 of the Constitution of India, Page No.# 3/4 the petitioner seeks a direction to the respondent authorities to consider the case of the petitioner for appointment to the post of Constable (AAPBn/Civil Police/IRBN)/Constable (Tax, Excise and Narcotics). The candidature of the petitioner was rejected due to colour blindness. Subsequently, another Medical Board was constituted which opined in contradiction to the earlier Medical Board and opined that the petitioner is not colour blind. In view of aforesaid 2(two) opinion, the APPSSB has taken a decision to constitute a review Medical Board consisting of 2(two) Ophthalmologist, one Medicine Specialist and one Magistrate (Circle Officer or above) and it was also decided to have APPSSB Bio-Metric In-Charge along with staff and equipment’s to take bio-metric of the petitioner and one camera-man to record the entire proceedings of the Medical Board. Such Medical Board is to convene on 04.03.2025. In view of the aforesaid, it is provided that the said Medical Board shall examine the petitioner on the said date. The petitioner shall make himself available before the Board at TRIHMS at 10:30 AM in the office of the Chief Medical Superintendent, TRIHMS Hospital, Naharlagun. Thereafter, on the next date fixed, the Medical Board shall produce their decision in a sealed cover before this Court. Let this matter be again taken on 10.03.2025. Mr. Tagum, learned Standing Counsel for the Health Department is permitted to forward the downloaded copy of this order to the Chief Medical Superintendent, TRHIMS Hospital, Naharlagun”. 3. Today, Mr. T. Tagum, learned standing counsel for the Health Department has produced the Medical Board Report in respect of the petitioner in a sealed cover. 4. Upon opening the sealed cover, it is found that a Medical Board was Page No.# 4/4 constituted to examine the petitioner whether he is colour blind or not and the Board upon examining the petitioner, vide its report dated 05.03.2025, found him to be colour blind and unfit for the post(s) applied by him. The Chief Medical Superintendent, TRHIMS, Naharlagun has also enclosed the videography coverage of the Bio-Metric verification of the petitioner by the APSSB staffs in the presence of the Executive Magistrate by way of a pendrive. 5. Upon perusal of the Medical Examination Report, it appears that the petitioner cannot be granted any relief by this Court since he has been found to be colour blind. 6. In view of the above, the writ petition stands dismissed. 7. A photocopy of the Medical Board Report may be retained in the case record and further, a copy of the same may be furnished to the learned counsel for the petitioner. 8. The original Medical Board Report and the pendrive is being returned to the Chief Medical Superintendent, TRHIMS, Naharlagun through Mr. T. Tagum, learned standing counsel for the Health Department. JUDGE Comparing Assistant