Form No. J(2)

Item No. DL/7 ARPAN – A.R. (CT)

IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction (Appellate Side)

W.P.A. NO. 27728 OF 2025 SHIBDAS MONDAL Vs.

UNION OF INDIA & OTHERS BEFORE: THE HON’BLE JUSTICE SAUGATA BHATTACHARYYA For the Petitioner : Mr. Debasish Kundu, Adv.

Mr. Bidan Modak, Adv.

For the Union of India : Mr. Rivu Dutta, Adv.

Mr. Piyash Choudhury, Adv.

Hearing concluded on : 23.02.2026 Judgment On : 23.02.2026 SAUGATA BHATTACHARYYA, J.:

1. In terms of the previous order dated 15^th January, 2026, matter is heard today in presence of the learned advocates representing the petitioner and the Union of India.

2. Learned advocate representing the Union of India has made submissions based on review medical examination report dated 20^th November, 2025 wherein it was opined that petitioner had Deviated Nasal Septum (DNS) which significantly obstructed airway.

3. By order dated 8^th December, 2025, this Court directed medical expert of All India Institute of Medical Sciences (AIIMS) Kalyani to furnish a report after examining the petitioner. A report dated 24^th December, 2025 was returned by a Medical Board comprising four medical experts. Petitioner was medically examined by the Medical Board of AIIMS Kalyani on 24^th December, 2025.

4. As per findings of the Medical Board, Petitioner has nasal septum mild deviation (DNS) to the right side and all three passes are clear on both sides. As per airway patency test, petitioner’s bilateral nasal airway is patent. Finally it was diagnosed that petitioner has mild DNS right with normal mucosa with bilateral nasal airway patency and no features of sinusitis.

5. Taking note of the report dated 24^th December, 2025 of the Medical Board of AIIMS Kalyani, it transpires that the Medical Board does not agree with the findings as contained in the report of the review medical examination dated 20^th November, 2025.

6. Since as per Court’s direction an independent Medical Board comprising four medical experts of AIIMS Kalyani furnished a report dated 24^th December, 2025 on examining the petitioner, Court needs to rely upon the said report dated 24^th December, 2025.

7. In terms of Clause 7(i) of the Guidelines for Recruitment Medical Examination in Central Armed Police Forces and Assam Rifles as revised in May, 2015, mild and moderate DNS with both nasal airways patent may not be rejected.

8. However, learned advocate representing the Union of India has relied upon Clause (C)(iii)(d) of the revised medical guidelines of May, 2015 under the heading Nose, Sinuses and Larynx wherein it is provided that marked DNS with nasal airway obstruction is one of the grounds for declaring a candidate unfit.

9. On perusal of the report dated 24^th December, 2025 of AIIMS Kalyani, Court finds it does not appear that petitioner has marked DNS with nasal airways obstruction rather petitioner has mild DNS right with bilateral nasal airway patency and no features of sinusitis.

10. In terms of Clause 7(i) of the revised medical guidelines of May, 2015 wherein it is provided that a candidate having mild and moderate DNS with both nasal airways patent may not be rejected, Court finds petitioner ought not to have been declared unfit in review medical examination for being considered in the post of Constable (G.D.) under Central Armed Police Forces.

11. Placing reliance on medical report dated 24^th December, 2025 furnished by the Medical Board of AIIMS Kalyani, Court directs the concerned respondent authorities to treat the petitioner as fit candidate and appoint the petitioner in the post of Constable (G.D.) under Central Armed Police Forces by eight (8) weeks from date of communication of this order, if petitioner is found otherwise eligible.

12. With the above direction writ petition stands disposed of.

13. Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings.

(SAUGATA BHATTACHARYYA, J.)