Ashalata Mahata vs Union Of India & Ors
2021 Latest Caselaw 861 Cal

03-02-2021 ct no. 13 Sl.7 sp

WPA 1063 of 2021

Ashalata Mahata

-Versus-

Union of India & Ors.

(Via Video Conference)

Mr. Noni Gopal Chakraborty ...for the petitioner

Mr. D.N. Roy, Mr. Anirban Mitra ...for the UOI

The matter was adjourned on January 21,

2021 to enable the learned counsel for the BSF

to produce the original medical reports,

particularly, that of the Review Medical Board.

The following conditions found by the First

Medical Officer have been confirmed by the

Review Medical Board.

(1) Absence of Secondary Sexual

Character;

(2) Menstruation not started;

                    (3)     Neck Swelling;

                    (4)     Knock knee present + (I.M.J. space

                            > 08 cm;

                    (5)     USG shows Rudimentary uterus

                            with absent ovaries.

It was further held that the petitioner

found unfit for primary amenorrhoea with

absent ovary.

The learned counsel for the petitioner

would argue that the aforesaid medical

condition found by the Review Medical Board

firstly is not supported by medical documents or

reports. It is further argued that the knock knee

is within permissible limits and that the

guidelines would require a total absent of uterus

and that too congenital.

This Court has carefully considered the

original documents produced by the BSF and

the arguments of the petitioner. This Court sees

that an absence of menstrual periods, absence

of ovaries and rudimentary uterus are the

principal reasons for Turner Syndrome. The

documents based on which the petitioner's

gynecologist condition has been assessed in a

USG report dated December 22, 2020.

In those circumstances, it cannot be said

that the medical opinion by the Review Medical

Board is without any report.

This Court under Article 226 of the

Constitution of India cannot sit in an appeal

over the findings of an expert body particularly

the Review Medical Boar. It is for the BSF to

assess the physical fitness of a candidate for the

post of constable which involves rigorous

physical activity.

It is not the petitioner's case that any bias

or ill will has occasioned the medical report of

the Review Medical Board. Counsel for the

petitioner fairly admits the same in course of the

arguments.

This Court, therefore, sees no reason

whatsoever to interfere with the petitioner's

unfitness for medical reasons declared by the

Review Medical Board. Hence, the instant writ

petition must fail and is hereby dismissed.

There shall be no order as to costs.

The Revised Guidelines of May, 2015

issued by the Government of India, Ministry of

Home Affairs (Police Division-II) for Medical

Examination in Central Armed Police Forces and

Assam Rifles may be kept with the record.

Urgent photostat certified copy of this

judgment, if applied for, be given to the parties

upon compliance of all formalities.

(Rajasekhar Mantha, J.)