GAHC010239372024

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THE GAUHATI HIGH COURT

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

Case : WP(C)/6448/2024 KRIPENDRA BARMAN

S/O- SHRI. RABIN BARMAN

R/O- VILL- NORTH CHORAIKHOLA

P.O. CHORAIKHOLA

DIST- KOKRAJHAR

ASSAM- 783376

VERSUS

THE UNION OF INDIA AND 5 ORS

REPRESENTED BY THE COMMISSIONER AND SECRETARY TO 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 Mr. S.S Roy, 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 OBC category 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 grounds of “Pectus Excavatum” and “Scoliosis”.

3. The learned senior counsel for the petitioner submits that the petitioner has qualified in the medical examination conducted by the State Level Police Recruitment Board on two earlier occasions viz 04.04.2025 and 26.02.2023 for the post of Constable (GD) in Assam Police respectively 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 on 15.11.2025. The specialized Doctors from the department of Orthopedics opined that the petitioner has no pectus excavatum. The report further suggest that although the petitioner has normal lordosis that measures below 10 degree. 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 XI sub-paragraph c at page 30 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 avai