Neutral Citation No. - 2025:AHC:133112 Court No. - 4 Case :- WRIT - A No. - 11128 of 2025 Petitioner :- Mohd. Shanij Respondent :- The State Of U.P. And 2 Others Counsel for Petitioner :- Naushad Alam,Shivendu Ojha,Sr. Advocate Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. 1. Heard learned counsel for the parties and perused the records. 2. Petitioner who has been applicant for the post of Constable (Civil Police) Direct Recruitment 2023, has been declared unfit initially in the medical examination conducted on the ground of "amputation of finger" and thereafter upon review medical being carried out, again he was found to be "amputation of finger". Thus, he stood declared medically unfit even in the review medical examination. 3. Per contra, it is argued by learned counsel appearing for the respondents that any third medical examination voluntarily done by the petitioner from any private hospital or government hospital will hardly have any bearing upon the medical and review medical examination done by a duly constituted board which consisted of expert doctors. 4. Learned counsel for the respondent submits that law is well settled that review medical examination done by the expert doctors of the department cannot be doubted on this ground on the basis of a third party report. 5. Having heard learned counsel for the respective parties, I find there to be only one legal issue as to whether this Court can question medical opinion of Medical Board and the decision of the selecting body based upon the same. 6. In the considered view of the Court, it is the selecting body and its duly constituted Medical Board are the best judges to assess and evaluate the physical fitness requirement of a candidate to serve the establishment of police force and this Court cannot on its own make assessment to draw usefulness of an otherwise medically unfit candidate for service in respondent establishment. 7. Thus once the review medical examination has been held after the first medical examination, then there is no question of this Court exercising power to form its own view over and above the opinion rendered by the review medical board that consisted of expert doctors. This Court is, of course, not possessed with requisite expertise in the medical field so as to sit as an appellate authority over and above the opinion rendered by the review medical board. In the case of Vivek Kumar vs. State of U.P. & others passed in special Appeal Defective No.- 117 of 2020, the Division Bench of this Court has held that thus: "11. In a case where a recruitment process has been carried out as per prescribed statutory rules whereunder a procedure has been prescribed for testing the medical fitness of candidates by a duly constituted Medical Board, the report of the Medical Board is not to be normally interfered with, and that too, solely on the basis of a claim sought to be set up by a candidate on the basis of some subsequent report(s) procured by him from a private practitioner(s). 12. It is not the case of the petitioner that the decision of the Medical Board was arbitrary, capricious or not in accordance with the procedure under the relevant statutory recruitment rules." 8. Even otherwise, law is well settled that "unless the opinion of the Medical Board or Review Medical Board is erroneous or capricious or vague and smacks of mala fide, the Court should refrain from interfering with the opinion of Medical Board and Review Medical Board which is a body constituted of experts to assess the fitness of candidate as per the norms and standards prescribed in respect of fitness of a candidate who is supposed to work in the police force." [Union of India v. Parul Punia, 2016 (2) ADJ 14]. This judgment has been followed by a coordinate bench in the case of Ankit Kumar v. State of U.P. & Ors (Writ - A No. 5668 of 2021, decided on 03.08.2001). Recently in the case of Shahbaj Khan v. Union of India & Ors (Writ - A No. 15248 of 2023) decided on 13.07.2023. 9. In view of the above, I do not find it to be a fit case to grant indulgence. Petition lacks merit and is, accordingly, dismissed. Order Date :- 6.8.2025 Atmesh Digitally signed by :- ATMESH KESARI High Court of Judicature at Allahabad