03.01.2025 Item no.DL10 Court No. 23 Asraf, A.R.(Ct) IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Appellate Side WPA 28320 of 2024 Achinta Hazra Vs. Union of India & Ors. Mr. Debasish Kundu ….for the Writ Petitioner Mr. Ramchandra Agarwal Mr. Shibchandra Prasad Mr. Sourav Sengupta Mr. Tapan Bhanja ………...for the Union of India Affidavit of service filed in Court today is taken on record. The petitioner participated in the selection process of Constable (General Duty) in Central Armed Police Forces (CAPFs), SSF and Rifleman (GD) in Assam Rifles Examination, 2024. The petitioner was declared unfit by the detailed medical examination (in short “DME”) on the ground of knock knee. The petitioner preferred for a review medical examination (for short “RME”). In the RME after considering the X-ray report the petitioner was found to have knock knee in both the legs with inter malleolic distance of more than 5 cms. The petitioner says that after the RME the petitioner got himself examined in the College of Medicine & JNM 2 Hospital, Kalyani, Nadia. As per the report given by the said hospital, the petitioner has been detected of knock knee but the inter malleolic distance was found to be 4 cms. The petitioner says that as per Clause 7(b) of the Guidelines for Recruitment Medical Examination in the Central Armed Police Forces and Assam Rifles being the revised guidelines as of May, 2015 (hereinafter referred to as “the said guidelines”) mild knock knee with inter malleolic distance 5 cms or less is acceptable. The petitioner says that since the government hospital has opined the inter malleolic distance to be 4 cms the petitioner should be given the benefit under Clause 7(b) of the said guidelines. The respondents say that it is proved beyond doubt that the petitioner suffers from knock knee, however, the inter malleolic distance as measured by the RME after considering the X-ray report is found to be more than 5 cms while the government hospital says it is about 4 cms. The question, therefore, is exercising the discretion in accepting minor defect like knock knee by holding the malleolic distance to be less than 5 cms.. The respondents say that the RME being a specialized board constituted in accordance with the selection parameters fixed for the particular examination has to be given 3 credence and the petitioner should not be given the benefit. After hearing the parties and considering the materials on record, it is clear that the petitioner suffers from knock knee in both legs. The inter malleolic distance measured by the RME is more than 5 cms while that done by the College of Medicine & JNM Hospital, Kalyani, Nadia is 4 cms. Since the selection process clearly holds that the result of the RME is final and that in the DME as also in the RME the petitioner has been found to be suffering from knock knee which fact has also been corroborated by the findings of the College of Medicine & JNM Hospital, Kalyani, Nadia, I am inclined to give credence to the report of the RME which is an opinion formed after considering the X-ray and the reports. The scope of interference with the result of the RME is very limited, I do not find in the facts of the instant case any reason to interfere with the report of the RME and that too when the final selection list has been published by Staff Selection Commission (in short SSC) recommending the names of the successful candidates. The writ petition is, therefore, dismissed. 4 Urgent Photostat certified copy of this order, if applied for, be supplied to the parties expeditiously after complying with all requisite formalities. ( Arindam Mukherjee, J. )