2026 Supreme(Online)(Bom) 188
HIGH COURT OF BOMBAY
HON'BLE SHRI JUSTICE RAVINDRA V. GHUGEHON'BLE SHRI JUSTICE ABHAY J. MANTRI
SANDEEP KUMAR – Appellant
Versus
THE UNION OF INDIA THRO. ITS SECRETARY MINISTRY OF MOME AFFAIRS – Respondent
WP/381/2026
2026:BHC-AS:2498-DB IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 381 OF 2026 Mr. Sandeep Kumar, Age: 21 years, Occu: Student Digitally signed VINA by VINA ARVIND R/o Ho. No. 150, Near Sada Bus Stop, ARVIND KHADPE KHADPE D 20 a 2 te 6 : .01.17
21:05:33 +0530 Headland, Dist.: South Goa – 403804 ...Petitioner Versus
1. The Union of India, Through its Secretary, Ministry of Home Affairs, (Department of Personnel and Training), North Block, Central Secretariat, New Delhi
2. The Secretary, Staff Selection Commission, Commercial Karmik, Block No.12, Central Government Complex, Lodhi Road, New Delhi – 110 003
3. The Under Secretary, Ministry of Home Affairs, Government of India, North Block, New Delhi
4. The Director General, CRPF (Recruitment Branch)
East Block 07, Level 4, Sector 1, R. K. Puram, New Delhi – 110 006
5. Regional Director (Western Region), Staff Selection Commissioner, 1st Floor, South Wing, Pratishtha Bhawan, 101, Maharashi Karve Road, Mumbai, Maharashtra – 400020
6. The Detailed Medical Examination Board, Through its Presiding Officer, CRPF Pune, GC CRPF, Pune – 410507
7. The Review Medical Examination Board, Through its Presiding Officer, CRPF Pune, GC CRPF, Pune-410507 ….Respondents ----
Mr. Bhushan Raut a/w Mr. Amol Kale, Vipul Patil, Shubha Shirsat i/b Mr. A. G. Kale, Advocates for Petitioner.
Mr. Suresh Kumar a/w Mr. Ashutosh Misra, Advocates for Respondents.
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CORAM : RAVINDRA V. GHUGE &
ABHAY J. MANTRI, JJ.
DATE : 12th JANUARY, 2026 ORAL JUDGMENT : (PER RAVINDRA V. GHUGE, J.)
1. Rule. Rule made returnable forthwith and heard finally by the consent of the parties.
2. The Petitioner is before this Court seeking issuance of a Writ of Mandamus under Article 226 of the Constitution of India. He challenges the Medical Examination Report and Unfit Memorandum dated 14th November 2025, issued by Respondent No. 6, and prays that the same be quashed and set aside, as it adversely affects his candidature for the post of ‘Constable (General Duty) in the Central Armed Police Forces (CAPFs), as well as for the posts of Constable (General Duty) and SSF, Rifleman (General Duty), Assam Rifles, and Sepoy in the Narcotics Control Bureau, 2025 Examinations’ (hereinafter referred to as the ‘2025-
Examination’).
3. The Petitioner has been declared unfit on account of ‘Scoliotic Deformity’, which was observed in the thoracic spine with convexity towards the left side on the X-ray of the chest. By a Review Medical Examination Report dated 19th November 2025, the opinion of the Detailed Medical Examination Board was upheld. 4. It is undisputed that the deformity has been diagnosed as a Cobb angle of 5 degrees, which indicates that the Petitioner’s spine is bent leftwards by 5 degrees.
5. In the backdrop of the above undisputed facts, the Petitioner has put forth prayer clauses A, B, C, D and E which read as under:
“A) Kindly Allow the Present Writ Petition.
B) By issuing a writ of certiorari or any other appropriate writ or order or direction in the like nature, may kindly quash the impugned Detailed Medical Examination (DME) Report/Memorandum Unfit dated 14/11/2025 issued by Respondent no. 6 and to further quash the Review Medical Examination (RME) Report dated 19/11/2025 issued by respondent No.7.
C) By issuing a writ of Mandamus or any other appropriate writ or order or direction to direct the respondents to select/appoint the petitioner as Constable (GD) in Central Armed Police Forces (CAPFs) and SSF, Rifleman (GD) in Assam Rifles, and Sepoy in Narcotics Control Bureau, if he is otherwise found meritorious.
D) Or By issuing a writ of Mandamus or any other appropriate writ or order or direction to direct the respondents to re-examine the petitioner for Medical Fitness as Constable (GD) in Central Armed Police Forces (CAPFs) and SSF, Rifleman (GD) in Assam Rifles, and Sepoy in Narcotics Control Bureau in Examination-2025, if he is otherwise found meritorious.
E) Pending hearing and final decision of present wri