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2026 Supreme(Gau) 657

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SOUMITRA SAIKIA, J.
Nanda Kishor Barman, Son of Shri Keshab Ch. Barman – Petitioner 
Versus
Union of India, Represented By The Home Secretary, Government of India And Ors. – Respondents
WP(C)/7090 of 2025
Decided On : 07-05-2026

Advocates Appeared:
For the Petitioner: Mr S. Khound, A.J. Kashyap, Mr H.K. Nath
For the Respondents: DY.S.G.I., Mr. S.S. Roy (C.G.C).

When medical boards reject candidates based on conditions not clearly disqualifying under guidelines, and where conflicting medical opinions exist, the board must provide specific findings justifying the rejection. Courts may order re-examination to ensure transparency and fairness in the recruitment process.

Headnote:(A) Recruitment - Medical Examination - Disqualification - Where there are contradictory medical opinions regarding the fitness of a candidate, the medical board must provide specific findings to justify rejection based on established guidelines. (Paras 8, 11)

(B) Judicial Review - Administrative Action - When a medical board rejects a candidate based on a condition that is not clearly defined as disqualifying under the applicable guidelines, the court may direct a re-examination to ensure fairness and transparency. (Paras 11, 12)

Facts of the case:
The candidate was declared medically unfit for recruitment due to a localized skin condition. Despite obtaining an independent medical opinion declaring the candidate fit, the review board sustained the rejection, citing the unpredictable outcome of the condition. The candidate challenged this decision, arguing that the ground for rejection was not specified in the applicable guidelines.

Findings of Court:
The court observed that the medical board failed to provide a specific finding that the condition interfered with the performance of duties as required by the governing guidelines. Given the existence of conflicting medical opinions, the court found it necessary to allow for a fresh evaluation.

Issues: Whether the rejection of a candidate based on a medical condition, without specific findings regarding its impact on duty performance as per established guidelines, is sustainable, and whether contradictory medical opinions necessitate a re-examination.

Ratio Decidendi: The court held that a medical board must provide specific findings linking a medical condition to the inability to perform duties as prescribed by the guidelines. In the presence of conflicting medical evidence, a fresh examination by a board, potentially involving specialists, is required to ensure a just and fair decision.

Result: Petition allowed; the review board is directed to re-examine the candidate and pass a fresh opinion.

Table of Content
1. factual background of medical rejection in recruitment (Para 1 , 2)
2. parties' contentions regarding rejection criteria (Para 3 , 4 , 5)
3. analysis of guidelines and conflicting medical evidence (Para 6 , 7 , 8 , 9 , 10)
4. requirements for specific medical justification under guidelines (Para 11)
5. directions for independent review and final determination (Para 12 , 13 , 14 , 15)

JUDGMENT :

SOUMITRA SAIKIA, J.

Heard Mr. S. Khound, learned counsel for the petitioner. Also heard Mr. S.S. Roy, learned CGC for the respondents.

2. The petitioner before this Court had submitted his candidature in response to the recruitment process undertaken by the respondent authority for appointment in the post of Constable (GD) under the Central Armed Police Forces. The petitioner had successfully cleared the written test and the Physical Efficiency Test (PET) and Physical Standard Test (PST). However, on medical examination by the DME i.e. the Detailed Medical Examination undertaken by the BSF authorities, the writ petitioner was declared unfit due to “infected wart left ear lobule”. This report was issued on 25.11.2025. Thereafter, the petitioner was medically evaluated by a private hospital namely Hayat Hospital, by the BSF, where the medical advice was rendered to take an opinion from a Dermatologist. Consequently, the Dermatological opinion was undertaken from the Apollo Clinic from Dr. Arun Agarwal, MD, where the Dermatologist given an opinion “fit for job”. Notwithstanding that, the Review Medical Examination Board sustained the findings of the Detailed Medical Examination and considered the petitioner unfit because of infected wart on the left ear lobule. The said report was issued on 29.11.2025. The final opinion in the Review Medical Examination Board-I’s report was that he was considered unfit due to infected wound on the left ear lobule. Although, the antibiotics are prescribed, the outcome of the treatment cannot be predicted, hence he was found to be not acceptable.

3. The petitioner approached this Court challenging his said rejection. The learned counsel for the petitioner submits that this ground for rejection is not specified in the Revised Uniform Guidelines for Review Medical Examination in CRPF which was circulated by the Office Memorandum dated 31.05.2021.

4. The respondents have contested the case by filing their affidavit. In their affidavit it is stated that since there was an infection on the “left ear lobule” and the outcome of the treatment cannot be predicted, therefore, petitioner's case was rejected.

5. It is submitted by the learned CGC that there is no infirmity in the rejection as the same was done as per the procedure prescribed.

6. The learned counsel for the parties have been heard and the pleadings available on record have been carefully perused.

7. The revised guidelines for the medical examination have been carefully perused. The guidelines which have been placed before the Court also did not reflect specifically the instances under which the cases like the petitioner can be considered to be unfit and unsuitable for recruitment. What is seen from the pleadings is that there is an independent medical opinion by a dermatologist from the Apollo Clinic where antibiotics have been prescribed and there is an opinion that he is fit for job.

8. In view of this independent opinion it is seen that there are contradictory opinions rendered by the civilian doctors and the doctors of the Medical Board by the BSF authorities.

9. The only ground for rejection of the petitioner is that the outcome of the treatment prescribed on the date of examination cannot be predicted and therefore, the petitioner was declared to be unfit.

10. During the course of the hearing the learned CGC has referred to the guidelines more particularly the clause No. XII (B)(7) to submit that such guidelines do provide certain situations under which cases like the writ petitioner are to be rejected during the Medical Examination. The said cl

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