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2026 Supreme(Gau) 203

THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
DEVASHIS BARUAH, J.
Abushama Haque, S/o. Sahjahan Ali – Petitioner 
Versus
The Union of India, Represented By Its Secretary, Ministry Of Personnel, Public Grievances And Pensions, Department Of Personnel And Training, Govt. of India And Ors. – Respondents 
WP(C) No.7144 of 2025
Decided On : 09-01-2026

Advocates Appeared:
For the Petitioner:Mr. A. M. Khan, Advocate
For the Respondents: Ms. S. Baruah, CGC

The court reinforced that it cannot overturn medical opinions in recruitment processes and allowed for further representation for reconsideration before the Review Medical Board.

Headnote:(A) Constitution of India - Article 226 - Writ petition challenging medical opinion on fitness for recruitment - Petitioner unfit as per Review Medical Board due to Anemia - Contradictory medical opinion obtained showing normal Hemoglobin levels. (Paras 2, 3, 4)

(B) Judicial Review - High Court’s power under Article 226 is not to sit on appeal over medical opinions. (Paras 7, 8)

Facts of the case:
The petitioner was declared unfit for Constable (GD) recruitment based on medical examination by Review Medical Board, but obtained an opposing medical opinion stating normal Hemoglobin levels.

Findings of Court:
The Court found it is not a fit case for entertaining the writ petition, allowing the petitioner to submit a representation to the Review Medical Board.

Issues: The central issues involve the validity of medical opinions regarding the petitioner’s fitness for recruitment.

Ratio Decidendi: The Court reiterated that it cannot substitute its evaluation of medical assessments and that the petitioner retains the right to seek reconsideration before the Review Medical Board.

Result: Writ petition disposed of without prejudice to the petitioner’s right to make a representation.

Table of Content
1. medical fitness determination issues in recruitment (Para 2 , 3 , 4)
2. court's limitations on appeals of medical opinions (Para 5 , 6 , 7)
3. right to represent before review medical board (Para 8 , 9)
4. writ petition disposal and representation directions (Para 10)

JUDGMENT :

DEVASHIS BARUAH, J.

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

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 27.11.2025 also concluded that the Petitioner was unfit on the ground that the Haemoglobin (Hb) was found 11.6 gm% which is less than 12 gm% and the reason of unfitness of the Petitioner has been given as Anemia.

4. It is the further case of the Petitioner that the Petitioner thereupon carried out certain examination before the concerned authority of the Apollo Clinic, Guwahati and it is the case of the Petitioner that Dr. Shashank S. Sharma, MD, Pathologist of the said Clinic had opined that the Haemoglobin present in the blood of the Petitioner was 14.1 g/dl which is within the normal range as per medical norms. The said opinion was given on 30.11.2025. 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.

6. This Court also has taken note of that the Petitioner upon obtaining the medical opinion from the Apollo Clinic, 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 Apollo Clinic, 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.

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