IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction (APPELLATE SIDE)

Present:

The Hon’ble Justice Sujoy Paul And The Hon’ble Justice Smita Das De FMA/90/2025 Biltu @ Bittu Ganguly Vs.

The Union of India & Ors.

For the Appellant : Mr. Lakshminath Bhattacharya Mr. Debasis Kundu For the U.O.I : Mr. Koushik Roy.

: Mr. Sourav Sengupta Reserved on : 29.08.2025 Judgment on : 09.09.2025 Smita Das De, J.:-

1. The Intra Court Appeal arises out of a judgment and order dated November 28, 2024 passed in WPA 20512 of 2024 challenging inter alia, the order of rejection by the respondent No. 6 dated July 16, 2024. The Learned Single Judge by impugned order rejected the petitioner’s prayer for a further medical check up to consider his candidature on the basis of the result of the medical examination.

2. Apropos the facts of the case is that the petitioner participated in the selection process for appointment of Constable (Technical and Tradesman) in Central Reserve Police Force (in short, CRPF) in terms of an Advertisement Notice dated July 1, 2023. The petitioner being successful in the computer based written examination was called for physical standard and physical efficiency test. The petitioner after being successful in such tests was called for a detailed medical examination (in short DME) on July 15, 2024. The petitioner was rejected on certain medical grounds which included over weight, extensive fungal infections over buttodis and eye defective colour vision and keloid on the chest. Subsequent thereto, the petitioner went for a review medical examination (in short, RME). Thereafter, upon being examined the petitioner was declared to be ‘unfit’ only on the ground of overweight and extensive fungal infection over buttodis and thigh. Owing to such clinical findings of the RME, the petitioner further went for a re- examination from a different government Hospital. Upon such examination it was clinically found that none of the disabilities sustained for declaring him to be ‘Unfit’. Under such pretext, the petitioner challenged the clinical findings of the RME by filing a Writ Petition before this Hon’ble Court. After hearing the Learned Single Judge after hearing was pleased to dispose of rejecting inter alia the petitioner’s prayer for further medical check up upon consideration of the candidature on the basis of the result of such medical examination.

3. Assailing the Order of the Learned Single Judge the petitioner, the instant appeal has been preferred for setting aside the order impugned by considering / declaring the petitioner to be medically fit and to be appointed in the post in question.

4. Against the backdrop of the case the issues which arises as follows :- a) Whether the petitioner is entitled to go for a further medical examination despite being declared unfit by the Medical Board on the ground of overweight. (BMI 27.8)

PETITIONER’S CONTENTION

5. The petitioner being the appellant herein states that after going through the clinical examination twice by the Medical Board he was declared to be unfit on the ground of overweight (BMI to be 27.8) which was contrary to the prescribed Rules framed under the guidelines for ‘Recruitment medical examination in Central Armed Police Forces and Assam Files’ dated May 15, 2015 (hereinafter referred to as the Said Guidelines). It was further submitted that as per the guidelines as mentioned in 12.2.1, the petitioner submits that the height mentioned in the said guidelines in paragraph 12.2.1 for Male is 170 Cms and the weight as mentioned in 12.2.5 in the said guidelines proportionate to height and age as per medical standard.

6. The age of the petitioner was 23 and from the report of the DME dated July 16, 2024, it appears that there was no whisper to the extent of mentioning the age, weight and height of the petitioner. The Medical Officer only mentioned that the petitioner was overweight (BMI 27.8) and declared him to be unfit. Subsequently the petitioner on July15, 2024 went for a revi