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Gauhati High Court
Page No.# 1/6 vs The Union Of India And 6 Ors on 21 January, 2026
Author: Devashis Baruah
Bench: Devashis Baruah
Page No.# 1/6
GAHC010285712025
2026:GAU-AS:724
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/241/2026
SRI BIPLAB RAJBANSHI
RESIDENT OF VILLAGE-KHARANIJAN, P.O.-SIMALUGURI, DISTRICT-
BISWANATH, ASSAM, PIN-784168.
VERSUS
THE UNION OF INDIA AND 6 ORS
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA,
HOME DEPARTMENT, MINISTRY OF HOME AFFAIRS, NORTH BLOCK, NEW
DELHI, PIN-110001
2:THE STAFF SELECTION COMMISSION
REPRESENTED BY ITS SECRETARY
BOCK NO.-12
CGO COMPLEX
LODHI ROAD
NEW DELHI
PIN-110003.
3:THE REGIONAL DIRECTOR
NEAR STAFF SELECTION COMMISSION
HOUSEFED COMPLEX
ASSAM
DISPUR
GUWAHATI
PIN-781006
4:THE DIRECTORATE GENERAL CRPF
RECRUITMENT BRANCH
EAST BLOCK -07
LEVEL-4
SECTOR-01
R.K.PURAM
NEW DELHI
Page No.# 2/6
PIN-110066.
5:THE PRESIDING OFFICER
CT/GD RECRUITMENT EXAM 2025
RECRUITMENT BOARD CAPFS
RTC
SSB
SALONIBARI
DISTRICT-SONITPUR
ASSAM
PIN-784104
6:THE PRESIDING OFFICER
REVIEW MEDICAL EXAMINATION
BOARD NO.05
RTC
SSB
SALONIBARI
DISTRICT-SONITPUR
ASSAM
PIN-784104.
7:THE REGISTRAR
DEPARTMENT OF OPHTHALMOLOGY
TEZPUR MEDICAL COLLEGE AND HOSPITAL
TEZPUR
ASSAM
PIN-784010
BEFORE
HON'BLE MR. JUSTICE DEVASHIS BARUAH
For the Petitioner(s) : Mr. H. Baruah, Advocate
For the Respondent(s) : Ms. S. Baruah, Government Advocate
· Date on which Judgment was reserved : N/A
· Date of Pronouncement of Judgment : 21.01.2026
· Whether the pronouncement is of
the Operative Part of the Judgment : No
· Whether the full Judgment has been
Pronounced : Yes
Page No.# 3/6
JUDGMENT AND ORDER (ORAL)
Heard Mr. H. Baruah, the learned counsel appearing on behalf of
the Petitioner and Ms. S. Baruah, the learned Government Advocate,
who appears on behalf of the Respondents.
2. The present writ proceeding is filed challenging the opinion
rendered by the Review Medical Examination Report of the RME Board
No. 05, RTC SSB Salonibari 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
27.11.2025 also concluded that the Petitioner was unfit on account of
O/E Colour vision, found CPIV (Four) which is permitted up to CPIII
(Three) only as per guideline.
4. It is the further case of the Petitioner that the Petitioner
Page No.# 4/6
thereupon carried out certain examination at the Tezpur Medical
College and Hospital, Tezpur and the Registrar, Department of
Ophthalmology of the said Medical College and Hospital had opined as
follows:
"V/A: 6/6
EOM:WNL
Color Vision: WNL
Undilated Fundus: WNL
Lids: (N)
Conjunctiva: (N)
Cornea: Clear
Iris: (N)
Pupil: RRRL
AC: (N)
Lens: Clear
Sclera: (N)
History Notes:
No h/o medication
No h/o trauma"
The said opinion was given on 04.12.2025. It is under such
circumstances, the Petitioner has approached this Court.
5. This Court has duly heard the learned counsels appearing on
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behalf of the parties and has also perused the materials on record.
6. This Court also has taken note of that the Petitioner upon
obtaining the medical opinion from the Tezpur Medical College and
Hospital, Tezpur 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 of India 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
Tezpur Medical College and Hospital, Tezpur.
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
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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 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
Bijoy Saha
Comparing Assistant
