GAHC010239372024

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THE GAUHATI HIGH COURT

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

Case : WP(C)/6408/2024

MADHAB BARO

S/O- LATE NAGEN BARO

R/O- VILL.- BARBALI SITHA

P.O. KHOIRABARI DIST. UDALGURI

ASSAM-784522.

VERSUS

THE UNION OF INDIA AND 5 ORS

REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.

OF INDIA

MINISTRY OF HOME AFFAIRS

NEW DELHI-110001.

2:THE STAFF SELECTION COMMISSION (SSC)

REPRESENTED BY THE CHAIRMAN/ SECRETARY

STAFF SELECTION COMMISSION

BLOCK-12

CGO COMPLEX

LODHI ROAD

NEW DELHI-110003.

3:THE REGIONAL DIRECTOR (NER)

STAFF SELECTION COMMISSION

RUKMINI NAGAR

P.O. ASSAM SACHIVALAYA

GUWAHATI-06.

4:THE DIRECTOR GENERAL

CENTRAL RESERVE POLICE FORCE (CRPF)

CGO COMPLEX

LODHI ROAD

NEW DELHI-110003.

5:THE REVIEW MEDICAL EXAMINATION BOARD CT/GD RECRUITMENT EXAMINATION 2024 CRPF COMPOSITE HOSPITAL GUWAHATI-25.

6:THE MEDICAL BOARD CT/GD RECRUITMENT EXAMINATION 2024 RECRUITMENT BOARD GROUP CENTRE CRPF GUWAHATI AMERIGOG ASSAM ------------

Advocate for : MR. R MAZUMDAR Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND 5 ORS 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 belong to the ST(H) and 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 Eye Vision, RE 6/9”.

3. 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 Gauhati Medical College & Hospital and Gauhati Medical College & Hospital. The specialized Doctor from the department of Ophthalmology opined that the petitioner is clinically fit. 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 Sl. No. 01 of Table 03 of the Visual Standards for direct Entry in SOs & Ors in CAPF, NSG & ARs at page 63 of the Guidelines, the petitioner was declared unfit. The learned CGC submits that as per guidelines issued by the Ministry of Home Affairs, the present system in which only one Review Medical Examination is allowed and there is no appeal against the decision of the Review Medical Board. The learned CGC respondents has placed reliance on an order of the Apex Court passed in SLP(C) Nos. 738-741/2022, where the SLP preferred by the Union although dismissed, it was observed that as a normal rule the decision taken by the Review Medical Board should be treated as final.

5. The learned counsel for the parties have been heard and pleadings available on the record have been carefully perused. The amended guidelines for the Review Medical Examination in Central Armed Police Forces and Assam Rifles are enclosed to the affidavit filed by the respondents.

6. Upon perusal of the writ petition and after hearing the learned counsel for the petitioner, it is seen that the