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2026 Supreme(Online)(Gau) 388

HIGH COURT OF GAUHATI
MR. JUSTICE DEVASHIS BARUAH
SANIDUL ISLAM – Appellant
Versus
THE UNION OF INDIA AND OTHRS – Respondent
WP(C) / 7242 / 2025



GAHC010275752025

2026:GAU-AS:142

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/7242/2025

SANIDUL ISLAM

S/O SHAJAHAN ALI ,

VILL-PURBALUWASHUR ,

P.O MAJGAON, P.S BARPETA DIST BAJALI, ASSAM

VERSUS

THE UNION OF INDIA AND OTHRS

REPRESENTED BY ITS SECRETARY, MINISTRY OF PERSONNEL, PUBLIC

GRIEVANCES PENSIONS, DEPARTMENT OF PERSONNEL TRAINING, GOVT.

OF INDIA, NORTH BLOCK, NEW DELHI-110001.

2:THE STAFF SELECTION COMMISSION

REPRESENTED BY ITS SECRETARY

BLOCK NO. 12

CGO COMPLEX

LODHI ROAD

NEW DELHI-110003.

3:THE REGIONAL DIRECTOR (NER) STAFF SELECTION COMMISSION

HOUSEFED COMPLEX

ASSAM DISPUR

GUWAHATI06.

4:THE DIRECTORATE GENERAL CRPF RECRUITMENT BRANCH

EAST BLOCK07

LEVEL-4

SECTOR-01 R.K.PURAM

NEW DELHI-110066.

5:THE PRESIDING OFFICER CT/GD RECRUITMENT EXAM 2025 RECRUITMENT BOARD CRPF GUWAHATI AMERIGOG GUWAHATI ASSAM 781023.

6:THE PRESIDING OFFICER REVIEW MEDICAL EXAMINATION BOARD-2 CT/GD EXAM-2025 CENTRE-CAPFS CH BSF PATGAON GUWAHATI ASSAM 781023 B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH Advocates for the petitioner(s) : Mr. AM Khan Advocates for the respondent(s) : Mr. SS Roy CGC Date on which Judgment is reserved : NA Date of Pronouncement of Judgment : 06.01.2026 Whether the Pronouncement is of the : NA Operative Part of the Judgment Whether the Full Judgment has been : Yes Pronounced JUDGMENT & ORDER(ORAL)

Heard Mr. AM Khan, the learned counsel appearing on behalf of the petitioner and Mr. SS Roy, the learned CGC, who appears on behalf of the respondents.

2. The present writ proceedings is filed challenging the opinion rendered by the Review Medical Examination Board-2 of the Centre- CAPFs, CH BSF, Patgaon wherein it was opined that the petitioner is unfit.

3. The materials on record show that in pursuance to a notice issued for recruitment of Constable (GD) in the Central Arms Police Forces (CAPFs) and SSF, Rifleman (GD) in Assam Rifles, and Sepoy in Narcotics Control Bureau Examination-2025, the petitioner participated in the said recruitment process. While carrying out the medical examination, it was found that the petitioner was not fit for appointment as a Constable (GD). The petitioner thereupon requested for a review. The Review Medical Board by the opinion rendered on 22.11.2025 also concluded that the petitioner was unfit on the ground of deformity in the chest wall.

4. It is the further case of the petitioner that the petitioner thereupon carried out certain examination at the Fakharuddin Ali Ahmed Medical College and Hospital, Barpeta and it is the case of the petitioner that the Registrar of the said Medical College and Hospital had opined that the petitioner is clinically fit in the said examination. It is under such circumstances that the petitioner has approached this Court.

5. This Court had duly heard the learned counsels appearing on behalf of the parties and also have taken note of the instructions so placed by Mr. SS Roy the learned CGC, who was asked to obtain instructions vide the order dated 17.12.2025. The said instructions being relevant are kept on record and marked with the letter ‘X’.

6. From a perusal of the said instructions, it is seen that the Review Medical Board examined the petitioner and his HRCT Thorax was done at empanelled hospital and as per which it was opined as “Ground Glass Haziness in Superior And Lateral Basal Segment of Right Lower Lobe” and was advised to follow up.

7. This Court also has taken note of that the petitioner upon obtaining the medical opinion from the Fakharuddin Ali Ahmed Medical College and Hospital, Barpeta had not approached the respondent authorities by submitting a representation and had directly approached this Court.

8. This Court in exercise of the powers conferred under Article 226 of the Constitution cannot sit on appeal and more particularly in respect to varied medical opinions rendered by the Review Medical Board of the respondent authorities as well as the Fakharuddin Ali Ahmed Medical College and Hospital, Barpeta.

9. Under such cir

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