2026:UHC:3925 SL. No. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar ’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS W PSS/ 1 3 2 5 / 2 0 2 6 Hon ’ble Man oj Ku m ar Tiw ar i, J. Mr. Sanjay Bhatt & Mr. Devashish Rana, Advocates for the petitioner. 2. Mr. R.C. Joshi, Brief Holder for the State of Uttarakhand/ respondent nos. 1 to 3. 3. Mr. Shailendra Nauriyal, Advocate for respondent no. 4. 4. Petitioner participated in a selection for appointment as Constable in Civil Police. He was declared successful in written and physical examination, however, he was ultimately declared medically unfit on the ground that his vision is not upto the prescribed standard i.e. 6x6. Petitioner contends that after the medical board declared him unfit for appointment as Constable, petitioner underwent surgery and now his vision has come to the prescribed standard i.e. 6x6. In support of this contention, he relies upon medical certificates issued by Military Hospital, Bareilly, Soban Singh Jeena Base Hospital, Haldwani and Government Medical College, Rudrapur. 2026:UHC:3925 5. By means of this writ petition, petitioner has sought the following reliefs: - “i- A writ, order or direction in the nature of Certiorari to call for record of the case and declare the decision of Medical Board at Nainital dated 21- 04-2026 (un-communicated) as illegal, arbitrary and discriminatory and consequently quash the same. ii- A writ, order or direction in the nature of Mandamus commanding the Respondents to declare the Petitioner fit in medical examination on the basis of report of expert Military Hospital Bareilly, Soban Singh Jeena Base Hospital Haldwani, District Hospital Rudrapur and Government Doon Medical College Hospital Newroad Dehradun and consequently appointment him against the available vacancy of constable G.D. under ex-servicemen quota or in the alternate to constitute an Independent Medical Board to independently examine the visual acuity of the Petitioner.” 6. Learned State Counsel refers to paragraph no. 10 of the writ petition, where petitioner has stated that petitioner again appeared before the Medical Board at Nainital on 21.04.2026 for post surgery re-examination and this time also, petitioner was declared to be medically unfit. 7. Learned counsel for the petitioner submits that when all other hospitals have declared petitioner to be medically fit for appointment, then the experts sitting in Medical Board at Nainital cannot take a contrary view. 8. This Court cannot go into this question. The Medical Board consists of experts and opinion of experts cannot be 2026:UHC:3925 brushed aside in a casual manner. 9. However, having regard to the facts and circumstances of the case, the writ petition is disposed of by permitting the petitioner to make representation to the Senior Superintendent of Police concerned regarding his re-examination by a duly constituted Medical Board. If petitioner makes representation within three days from today, decision thereupon shall be taken, as per law, within ten days thereafter. ( Man oj Ku m ar Tiw ar i, J.) 20.05.2026 Navin NAVEEN CHANDRA Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f487df006da82a131 bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA875643AF56D65 3D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2026.05.20 18:48:32 +05'30'