Medical Board's Opinion Will Prevail Even If Differing Opinions Are Given By Doctors: Meghalaya HC Dismisses Hearing-Impaired Applicant's Plea For Constable Post

The Meghalaya High Court has upheld the decision of the Medical Board and dismissed a plea by a man seeking appointment as Constable in CAPFs and Rifleman in Assam Rifles. The court emphasized the authority of the Medical Board's opinion regarding the petitioner's hearing impairment, stating that despite differing opinions from other doctors, the Medical Board's assessment takes precedence. Chief Justice S. Vaidyanathan observed, “First of all, the petitioner has not challenged the guidelines and that apart, the Writ Petition needs to be dismissed on the main ground that Medical Board had opined that he has hearing impairment.” “A Constable with hearing loss cannot be construed to be fit enough to hold the said post and even though different opinions have been given by the Doctors in respect of his hearing defect, the opinion rendered by the Medical Board alone will prevail in this case. The petitioner appealed to the authority to review the medical report, but the Review Medical Board upheld the initial findings, stating that the deviated nasal septum was asymptomatic and the ear condition was not significant, given the intact eardrum and normal hearing sensitivity. 410 of 2019~ dated 15.03.2024, insofar as Clause No.67 is concerned on the ground of discrimination/ application of different yard sticks between Doctors and Nurses, which is not the case herein.” “Considering the facts and circumstances of the case, in my considered opinion, this Court cannot sit over the medical opinion offered by a Doctor / Medical Board, so as to come to a different conclusion.