Page No.# 1/5 vs The Union Of India And 5 Ors
2026 Latest Caselaw 111 Gua

Gauhati High Court

Page No.# 1/5 vs The Union Of India And 5 Ors on 7 January, 2026

Author: Devashis Baruah

Bench: Devashis Baruah

                                                                     Page No.# 1/5

GAHC010275732025




                                                              2026:GAU-AS:261

                       THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                          Case No. : WP(C)/5/2026

         HASANUR ALI
         S/O OMAR ALI, VILL- GOMA, P.O.- GOMAFULBARI, P.S.- TARABARI, DIST.-
         BARPETA, ASSAM



         VERSUS

         THE UNION OF INDIA AND 5 ORS
         REPRESENTED BY ITS SECRETARY, MINISTRY OF PERSONNEL, PUBLIC
         GRIEVANCES AND PENSIONS, DEPARTMENT OF PERSONNEL AND
         TRAINING, GOVT. OF INDIA, NORTH BLOCK, NEW DELHI-110001.

         2:THE STAFF SELECTION COMMISSION
          REPRESENTED BY ITS SECRETARY
          BLOCK NO. 12
          CGO COMPLEX
          LODHI ROAD
          NEW DELHI-110003.

         3:THE REGIONAL DIRECTOR (NER) STAFF SELECTION COMMISSION

          HOUSEFED COMPLEX
          ASSAM
          DISPUR
          GUWAHATI-06.

         4:THE DIRECTORATE GENERAL
          CRPF (RECRUITMENT BRANCH)
          EAST BLOCK-07
          LEVEL-4
          SECTOR-01
          R.K.PURAM
          NEW DELHI-110066.
                                                                         Page No.# 2/5


         5:THE PRESIDING OFFICER
          CT/GD RECRUITMENT EXAM
          2025 RECRUITMENT BOARD
          CRPF GUWAHATI AMERIGOG
          GUWAHATI
         ASSAM
          781023.

         6:THE PRESIDING OFFICER
          REVIEW MEDICAL EXAMINATION BOARD-2
          CT/GD EXAM-2025 CENTRE-CAPFS CH BSF
          PATGAON
          GUWAHATI
         ASSAM
          781023

                                    BEFORE
          HON'BLE MR. JUSTICE DEVASHIS BARUAH

                For the Petitioner(s)   : Mr. A. M. Khan, Advocate
                For the Respondent(s)   : Mr. S. S. Roy, CGC


                ·     Date on which Judgment was reserved       : N/A

                ·     Date of Pronouncement of Judgment        : 07.01.2026

                ·     Whether the pronouncement is of
                      the Operative Part of the Judgment       : No

                ·     Whether the full Judgment has been
                      Pronounced                               : Yes


                         JUDGMENT AND ORDER (ORAL)

Heard Mr. A. M. Khan, the learned counsel appearing on behalf of the Petitioner and Mr. S. S. Roy, the learned CGC appearing on behalf of the Respondents.

Page No.# 3/5

2. The present writ proceedings is filed challenging the opinion rendered by the Review Medical Examination Board-2 of the Centre-CAPFs, CH BSF, Patgaon wherein it was opined that the petitioner is unfit.

3. The materials on record show that in pursuance to a notice issued for recruitment of Constable (GD) in the Central Armed Police Forces (CAPFs) and SSF, Rifleman (GD) in Assam Rifles, and Sepoy in Narcotics Control Bureau Examination-2025, the petitioner participated in the said recruitment process. While carrying out the medical examination, it was found that the petitioner was not fit for appointment as a Constable (GD). The petitioner thereupon requested for a review. The Review Medical Board by the opinion rendered on 19.11.2025 also concluded that the petitioner was unfit on the ground of fungal infection.

4. It is the further case of the petitioner that the petitioner thereupon carried out certain examination at the Gauhati Medical College and Hospital, Guwahati and it is the case of the petitioner that the Registrar of the Department of Dermatology & STD of the said Medical College and Hospital had opined that the petitioner has no skin lesions at present and he is dermatologically fit from clinical point of view. The said opinion was given on 03.12.2025. It is under such circumstances that the petitioner has approached this Court.

5. This Court has duly heard the learned counsels appearing on behalf of the parties and also perused the materials on record.

Page No.# 4/5

6. This Court also has taken note of that the petitioner upon obtaining the medical opinion from the Gauhati Medical College and Hospital, Guwahati had not approached the respondent authorities by submitting a representation and had directly approached this Court.

7. This Court in exercise of the powers conferred under Article 226 of the Constitution cannot sit on appeal and more particularly in respect to varied medical opinions rendered by the Review Medical Board of the respondent authorities as well as the Gauhati Medical College and Hospital, Guwahati.

8. Under such circumstances, it is not a fit case for entertaining the writ petition.

9. Be that as it may, the petitioner is always at liberty to submit a representation along with the necessary documents before the Review Medical Board of the Respondent Authorities and the Review Medical Board on the basis thereof can very well look into the same.

10. Accordingly the instant writ petition stands disposed of with the following observations and directions:

(i) In the present facts and circumstances of the case as observed above, this Court is not inclined to entertain the instant writ petition.

(ii) The non-entertaining of the writ petition shall not preclude the petitioner to submit a representation before the Review Medical Board of the respondents seeking a re-consideration on the basis of the medical opinions Page No.# 5/5

available with the petitioner as discussed above.

(iii) In the circumstance, any representation is submitted within 10 (ten) days from today, the Review Medical Board of the respondents shall look into the same and do the needful in accordance with their guidelines within a period of 60 (sixty) days from the date of receipt of the representation.

JUDGE

Comparing Assistant