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(Cause title taken from Case Information System)

Order on Board

Per Ramesh Sinha, C.J .

1. The present writ appeal filed by the writ appellant who was the writ petitioner No.1 before the learned Single Judge, against the impugned order dated 20.01.2026 passed by the learned Single Judge in WPS No.562 of 2026 whereby the writ petition filed by the writ appellant has been dismissed.

2. The case of the appellant, who was petitioner No.1 in the writ petition is that, he is belonging to the ST category and applied for the post of Constable (GD) in CAPFs, NIA, SSF, and Rifleman (GD) in Assam Rifles Examination 2025 conducted by the Staff Selection Commission. He successfully cleared the Computer-Based Examination, Physical Standard Test, and Physical Efficiency Test, securing good merit in all stages. However, during the Detailed Medical Examination (DME), he was declared unfit due to alleged tremors, hyperhidrosis, and anxiety neurosis. Subsequently, he underwent a Review Medical Examination, but no neurologist examined him, and yet his candidature was rejected with a remark attributing the decision to a neurologist’s opinion, which the appellant never received. Following this, the appellant obtained independent medical reports from multiple hospitals, which confirmed that he did not suffer from any of the conditions cited and was medically fit. Despite submitting these reports in a representation to the respondents, no action was taken. The appellant also highlighted that during the Review Medical Examination conducted at aarBee Institute of Medical Sciences, Bilaspur, only routine blood tests were performed, all of which were normal, yet the critical neurological assessment was entirely omitted. The appellant contends that the respondents’ action was arbitrary, unreasonable, and malafide, as he was declared unfit without proper medical evaluation despite qualifying all examinations and physical tests. The appellant had worked diligently over the years, and the rejection without a neurologist’s examination, contrary to independent medical evidence, has caused undue hardship and deprived him of his legitimate opportunity. Feeling aggrieved, the appellant along with another person filed WPS No.562 of 2026 seeking the following relief(s):-

“10.1 That, the Hon’ble Court may kindly be pleased to call the records relating to the case of the petitioner.

10.2 That, it is therefore prayed that this Hon’ble Court may kindly be pleased to direct Respondent No. 2 & 5 and All India Institute of Medical Sciences (AIIMS), Raipur, (C.G.) to examine the physical fitness of the petitioner from a competent Medical Board, in the light of requirement of CRPF., in the interest of justice.

10.3 Any other relief, which Hon’ble Court deems fit and proper in the facts and circumstances of the case.”

The said WPS No. 562 of 2026 has been dismissed vide impugned order dated 20.01.2026, against which the appellant has filed the present appeal.

3. Learned counsel for the appellant submits that the appellant successfully cleared all stages of the recruitment process for the post of Constable (GD) but was arbitrarily declared medically unfit on the ground of alleged tremors, hyperhidrosis, and anxiety neurosis. It is contended that such findings are unsustainable as the appellant was never examined by a qualified neurologist, and the medical opinion has been rendered without proper specialized assessment, thereby vitiating the entire process. It is further submitted that despite requesting a fresh medical examination by All India Institute of Medical Sciences, the respondents failed to consider the same. In similar circumstances, the Hon’ble Rajasthan High Court has directed re-examination by AIIMS. Therefore, it is prayed that this Hon’ble Court may direct a fresh medical examination by a specialized board to ensure fairness and justice. It has also been submitted