GAHC010228322024

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THE GAUHATI HIGH COURT

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

Case : WP(C)/6456/2024

NAYAN JYOTI DAS

S/O- NRIPEN DAS

R/O- VILLAGE- JABERIKUCHI

P.O- BARKOLA CHOWKA

P.S- MANGALDAI DIST- DARRANG

ASSAM

PIN-784525

VERSUS

THE UNION OF INDIA AND 4 ORS

REPRESENTED BY THE SECRETARY

TO THE GOVT. OF INDIA

MINISTRY OF HOME AFFAIRS

NEW DELHI. PIN- 110001.

2:THE DIRECTOR GENERAL CRPF (RECRUITMENT BRANCH)

LEVEL-4

SECTOR 01 R.K PURAM

NEW DELHI-66

(MINISTRY OF HOME AFFAIRS)

3:THE PRESIDING OFFICER

PST/PET BOARD

CT/GD-2024

CENTRAL RESERVE POLICE FORCE

GROUP CENTRE

AMERIGOG

GUWAHATI-23 ASSAM

4:MEDICAL OFFICER DME BOARD CT/GD-2024 CENTRAL RESERVE POLICE FORCE GROUP CENTRE AMERIGOG GUWAHATI-23 ASSAM

5:THE PRESIDING OFFICER RME BOARD CT/GD-2024 CENTRAL RESERVE POLICE FORCE GROUP CENTRE AMERIGOG GUWAHATI-23 ASSAM ------------

Advocate for : MR. K PAUL Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND 4 ORS BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

ORDER

18.11.2025 Heard Mr. J P. Chauhan, 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 SC 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, the petitioner was declared unfit on the grounds of “Vitilligo glance penis; pectus excavatum on chest and bow leg”. Thereafter, being dissatisfied with the opinion of the medical report, the petitioner examined himself before the Gauhati Medical College & Hospital for examination of Pectus Exacavatum. The concerned department of the Gauhati Medical College & Hospital after examining the petitioner issued a certificate/report dated 25.10.2024 wherein it is opined that there is no evidence of obvious pectus exacavatum. The petitioner submitted the said report before the respondent authorities but the respondent authorities did not entertained. The learned counsel for the petitioner submits that the petitioner appeared before the Review Medical Examination Board, the petitioner was also declared unfit for “Vitiligo and Pectus Excavatum”. The learned counsel for the petitioner submits that thereafter again on 18.11.2024, the petitioner examined himself before the Gauhati Medical College & Hospital for examining Vitiligo over glans and Chest. After examining the petitioner, the Dermatology & STD department of the Gauhati Medical College & Hospital opined that it does not hamper his day to day activities and does not made him unfit for job. Moreover, the Pulmonary Medicine Department, Gauhati Medical College & Hospital issued another certificate dated 18.11.2024 where it is opined that the petitioner is found to be fit from pulmonary medicine side and no Pectus Excavatum noted on physical and radiological examination. The learned counsel for the petitioner submits that apart from the aforesaid medical examination, pm 19.11.2024, CT Scan of the Thorax (Plain) on the petitioner was done at RDC, Mangaldoi where it is opined that no obvious abnormality noted n Plain CT study of thorax.

3. 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 Recruitmen