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2026 Supreme(Gau) 58

IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
DEVASHIS BARUAH, J.
Abdul Momin S/o Abdul Latif – Appellant
Versus
The Union of India, Represented by its Secretary, New Delhi – Respondent
W.P. (C) No. 8 of 2026
Decided On : 07-01-2026

Advocates Appeared:
For the Appellant : A.M. Khan
For the Respondent: S. Baruah

Court cannot review medical opinions from authorities; petitioners must seek reconsideration through appropriate representations.

Headnote:(A) Constitution of India - Article 226 - Recruitment process - Medical examination - The petitioner challenged the Review Medical Examination Board's finding of unfitness due to vision issues, supported by a different medical opinion stating fitness - The court found no grounds to entertain the writ petition as it cannot review varied medical opinions unless the decision is perverse. (Paras 6-8)

Facts of the case:
The petitioner participated in CAPFs recruitment and was deemed unfit due to defective vision by the Review Medical Board, despite obtaining an opposing medical opinion later.

Findings of Court:
The court declined to entertain the writ petition, emphasizing that varied medical opinions should be addressed through proper representation to the Review Medical Board.

Issues: Whether the court can intervene in the medical opinions of the Review Medical Board and the validity of the petitioner's claim without submitting a representation beforehand.

Ratio Decidendi: The court reiterated that it lacks the jurisdiction for appellate review concerning medical fitness determinations and suggested appropriate procedural compliance instead.

Result: Writ petition disposed of with directions to submit a representation.

Table of Content
1. medical examination fitness determination. (Para 2 , 3 , 4)
2. court's limitation on reviewing medical opinions. (Para 6 , 7)
3. writ petition not entertained. (Para 8)
4. petitioner can submit a representation. (Para 9 , 10)

JUDGMENT :

DEVASHIS BARUAH, J.

1. Heard Mr. A.M. Khan, the learned counsel appearing on behalf of the petitioner and Ms. S. Baruah, the learned CGC, who appears on behalf of the respondents.

2. The present writ proceeding is filed challenging the opinion rendered by the Review Medical Examination Board-1 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 22.11.2025 also concluded that the petitioner was unfit on the ground of defective distant vision 6/9 both eyes.

4. It is the further case of the petitioner that the petitioner thereupon carried out certain examination at the Fakhruddin Ali Ahmed Medical College and Hospital, Barpeta and it is the case of the petitioner that the Registrar, Department of Ophthalmology of the said Medical College and Hospital had opined that the petitioner’s Visual Acuity is 6/6. It was also opined that Colour Vision of the petitioner is Within Normal Limit and the Anterior Segment is Within Normal Limit. The said opinion was given on 15.12.2025. 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 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 Fakhruddin Ali Ahmed Medical College and Hospital, Barpeta 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 Fakhruddin Ali Ahmed Medical College and Hospital, Barpeta.

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 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.

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