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THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SOUMITRA SAIKIA
Dilwar Hussain, S/o. Faruk Ahmed – Appellant
Versus
Union Of India – Respondent
| Table of Content |
|---|
| 1. factual background involving medical fitness disputes in recruitment. (Para 1 , 2 , 3) |
| 2. requirement for re-examination when medical evidence appears inconclusive. (Para 4 , 5) |
| 3. disposal of the writ petition. (Para 6) |
JUDGMENT :
SOUMITRA SAIKIA, J.
Heard Mr. M.H. Laskar, learned counsel for the petitioner. Also heard Mr. S.S Roy, learned CGC for the respondents.
2. The petitioner, in response to the advertisement dated 05.09.2024 issued by the Staff Selection Commission, applied for the recruitment to the post of Constable (GD) in the Central Armed Police Forces (CAPFs), SSF, and Rifleman (GD) in Assam Rifles and Sepoy in Narcotics Control Bureau Examination for the year-2025. The petitioner claims to assert eligibility for the post, thus participating in the recruitment process. The petitioner was declared successful in both the Computer Based Test as well as the Physical Standard Test (PST)/Physical Efficiency Test (PET). However, during the Medical Examinations, i.e. Detailed Medical Examination, he was found unfit on the grounds of (i) Left Shoulder lower than right and (ii) Left shoulder griddle asymmetry. After DME, he was sent for opinion before the Silchar M
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.
Judicial review of medical fitness decisions requires deference to specialized medical assessments; courts cannot intervene without proper procedural adherence.
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