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THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SOUMITRA SAIKIA
Rajesh Prasad Guwala, S/o. Ramdular Guwala – Appellant
Versus
Union of India, Represented By The Secretary To The Union Of India, Ministry Of Home Affairs – Respondent
| Table of Content |
|---|
| 1. contradictory medical evaluation reports during recruitment fitness assessment. (Para 1 , 2 , 3) |
| 2. judicial mandate for medical re-examination to resolve clinical uncertainty. (Para 4) |
| 3. procedural disposal of writ petition with time-bound administrative directions. (Para 5) |
JUDGMENT :
SOUMITRA SAIKIA, J.
Heard Mr. M. Ahmed, 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 subsequent Medical Examinations, i.e. Detailed Medical Examination, he was found unfit on the following grounds:
(i) Penile Vitiligo; (ii) High BP and (iii) Tachycardia.
3.
Where appointment order has been issued and the petitioner had accepted the same by reporting for duty, subsequent medical examination report cannot make the petitioner ineligible for appointment.
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