THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
DEVASHIS BARUAH, J.
Hirak Jyoti Bordoloi S/o Late Junmoni Brodoloi – Appellant
Versus
The Union of India Rep. by its Secretary, New Delhi – Respondent
W.P. (C) No. 389 of 2026
Decided On : 30-01-2026
| Table of Content |
|---|
| 1. counsel representation and procedure issues. (Para 1 , 6) |
| 2. challenge of medical fitness determination. (Para 2 , 3 , 4) |
| 3. court's role in medical opinion review. (Para 5 , 7) |
| 4. no basis to entertain writ petition. (Para 8) |
| 5. permission to submit representation before review board. (Para 9 , 10) |
JUDGMENT :
DEVASHIS BARUAH, J.
1. Heard Mr. A. M. Khan, the learned counsel appearing on behalf of the petitioner and Mr. S. S. Roy, the learned CGC, who appears on behalf of the respondents.
2. The present writ proceeding is filed challenging the opinion rendered in the Review Medical Examination Report of the Addl. RME Board, CT/GD-2025, GC CRPF, Guwahati 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 01.12.2025 concluded that the petitioner was unfit due to knock knee.
4. It is the further case of the petitioner that the petitioner thereupon carried out certain examination at the Gauhati Medical College & Hospital, Guwahati and it is the case of the petitioner that the Lecturer, Department of Ophthalmology of the said Medical College & Hospital in the case of the petitioner opined that there is no clinical abnormality found with regard to knock knee and certain after clinical examination, the petitioner was declared as clinically fit. The said opinion was given on 17.12.2025. 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 Gauhati Medical College & 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 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 Gauhati Medical College &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 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.
The court cannot exercise jurisdiction to reevaluate varied medical opinions in recruitment matters and advises representation to the Review Medical Board for reconsideration.
The court cannot substitute its view for medical determinations made by competent boards, emphasizing the importance of procedural compliance for reconsideration.
Judicial review under Article 226 cannot substitute medical opinions unless grounded in irrationality or malice; petitioners are encouraged to pursue reevaluation through proper channels.
Judicial review of medical fitness decisions requires deference to specialized medical assessments; courts cannot intervene without proper procedural adherence.
A court exercising jurisdiction under Article 226 cannot interfere with medical opinions rendered by competent authorities unless there is a gross error or illegality in their assessment.
The Court cannot review medical opinions in recruitment cases under Article 226 without prior representations to the concerned authorities.
The court lacks jurisdiction to review specialized medical opinions regarding fitness for recruitment and encourages petitioners to seek reconsideration through proper channels.
The court cannot intervene in medical fitness evaluations from established boards unless compelling evidence exists, upholding the integrity of medical assessments.
Court cannot review medical opinions from authorities; petitioners must seek reconsideration through appropriate representations.
Judicial review under Article 226 does not permit courts to override medical decisions; procedural compliance is required before approaching the court.
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