GAHC010239372024

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THE GAUHATI HIGH COURT

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

Case No. : WP(C)/5952/2024

MOKLEJUL ALI

S/O- KASHEM ALI,

R/O- VILLAGE KHUDIGAON,

PART II,

P.O- LAKHIGANJI, DIST- DHUBRI, ASSAM, PIN-783345

VERSUS

THE UNION OF INDIA AND 8 ORS

REPRESENTED BY THE COMMISSIONER AND SECRETARY , TO THE GOVT.

OF INDIA, MINISTRY OF HOME AFFAIRS, NEW DELHI. PIN- 110001.

2:THE STAFF SELECTION COMMISSION

REPRESENTED BY ITS CHAIRMAN/SECRETARY

BLOCK- 12

CGO COMPLEX

LODHI ROAD

NEW DELHI -110003.

3:THE REGIONAL DIRECTOR

NER

STAFF SELECTION COMMISSION

REGIONAL OFFICE

RUKMININAGAR

P.O- ASSAM SACHIVALAYA

GUWAHATI- 781006.

4:THE DIRECTOR GENERAL BORDER SECURITY FORCE

BLOCK MO-10 LODHI ROAD

PRAGATI VIHAR NEW DELHI-03

5:THE DIRECTOR GENERAL CENTRAL INDUSTRIAL SECURITY FORCE BLOCK NO 13 CGO COMPLEX LODHI ROAD NEW DELHI -110003

6:THE DIRECTOR GENERAL CENTRAL RESERVE POLICE FORCE CGO COMPLEX LODHI ROAD NEW DELHI -110003

7:DIRECTOR GENERAL ASSAM RIFLES NONGRIMMAW LAITUMUKHRAH GORALINE SHILLONG MEGHALAYA-793011

8:DIRECTOR GENERAL INDO TIBETAN BORDER FORCE BLOCK NO 10 CGO COMPLEX LODHI ROAD NEW DELHI -110003

9:DIRECTOR GENERAL SHASASTRA SEEMA BAL

5-6 VIVEKANANDA MARG EAST BLOCK R.K PURAM NEW DELHI-2 Advocate for the Petitioner : MR. R MAZUMDAR, MR. D DEKA Advocate for the Respondent : DY.S.G.I., MRS S BARUAH (C.G.C)

BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

ORDER

18.11.2025 Heard Mr. R Sharma, learned senior counsel assisted by Mr. D Deka, learned counsel for the petitioner. Also heard Ms. S Baruah, learned CGC for the respondents.

2. The petitioner, in response to the advertisement dated 24.11.2023 issued by the Staff Selection Commission, applied for the recruitment to the post of Constable (GD) in the Central Armed Police Forces (CAPFs), NIA, SSF, and Rifleman (GD) in Assam Rifles Examination for the year 2024. The petitioner claims to assert eligibility for the post, thus participating in the recruitment process. The petitioner was declared successful in both the Computer Based Test as well as the Physical Standard Test (PST)/ Physical Efficiency Test (PET). However, during the subsequent Medical Examinations, i.e. Detailed Medical Examination and Review Medical Board, the petitioner was declared unfit on the ground of “Defective distant vision RE 6/9 and Gross tremors present”.

3. The learned senior counsel for the petitioner submits that the petitioner has been found medically fit earlier in a recruitment held by the State Level Recruitment Board for the post of Assam Commando Battalions on 21.04.2022 but he did not select because he could not score the requisite cut-off marks. The learned senior counsel for the petitioner submits that the petitioner had clear the detailed medical examination held by the State Level Police Recruitment Board for the post of Constable (AB/UB), Assam Police on 29.10.2024 after 15 days of his rejection by the Review Medical Board of Staff Selection Commission. The learned senior counsel for the petitioner submits that after being declared medically unfit and dissatisfied with the opinion of the medical reports, the petitioner examined himself before the Kokarjhar Medical College & Hospital and Gauhati Medical College & Hospital. The specialized Doctors from the department of Ophthalmology and General Medicine of both the Medical Colleges vide their Certificate dated 18.10.2024 and 23.10.2024 respectively opined that the petitioner has neither defective vision nor has he gross tremors in his hands. In the light of these contrary medical opinions—the petitioner has approached this Court, praying for an appropriate direction to the respondents to allow the petitioner to participate in the recruitment process in pursuance of the advertisement dated 24.11.2023.

4. The respondents have contested the matter by filing their affidavits. The learned CGC for the respondents has relied upon the Revised guidelines for Recruitment Medical Examination in Central Armed Forces and Assam Rifles to show that as per Paragraph 1