THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SOUMITRA SAIKIA, J.
Rajesh Prasad Guwala, S/o. Ramdular Guwala – Petitioner
Versus
The Union of India, Represented By The Secretary To The Union Of India, Ministry Of Home Affairs and Ors. – Respondent
WP(C)/7294 of 2025
Decided On : 13-05-2026
| 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. Subsequently, he was examined by a Civilian Doctor in the Tezpur Medical College and Hospital and by the opinion dated 21.11.2025, he is found to be fit and the Doctor of the Tezpur Medical College and Hospital had opined that the “patient is having penile vitiligo since childhood. The condition is stable. It is not cause any problem in performing his duties. Patient is fit to performing his normal activities and duties”. Thereafter, he was placed before the Review Medical Board where he was finally rejected on the ground of “Penile Vitiligo”. There was no discussion or reference to the opinion of the civilian hospital where there is a detailed opinion granted that the petitioner is fit for being appointed to his duties.
4. Under such circumstances, in view of the contradictory medical opinions, this Court considers it appropriate to remand the matter back to the respondent authorities to re-examine the petitioner by referring to specialist if the need so arises thereafter pass appropriate order. The examination will be conducted by the review medical board and thereafter if it is found that there are no abnormalities present then consequential orders should be issued. Any such opinion rendered in terms of the directions, copies thereof will be served on the writ petitioner.
5. The writ petition stands accordingly disposed of. The directions contained be carried out within a period of 60 days from the date of receipt of certified copy of this order.
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.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.