GAUHATI HIGH COURT
ROHIT KUMAR SAH – Appellant
Versus
THE UNION OF INDIA AND ORS – Respondent
WP(C) 7296 / 2025
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Page No.# 1/4
GAHC010279602025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/7296/2025
ROHIT KUMAR SAH
S/O- SHIV KUMAR SAH.
R/O- CHINAPATTY, WARD NO.4 MAKUM JN, BANGALI GAON, P.O/P.S-
MAKUM. DIST- TINSUKIA, ASSAM, PIN-786170.
VERSUS
THE UNION OF INDIA AND ORS
REPRESENTED BY THE SECRETARY TO THE UNION 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
HOUSEFED COMPLEX
LAST GATE
BELTOLA- BASISTHA ROAD
P.O- ASSAM SACHIVALAYA
DISPUR
GUWAHATI
ASSAM-781006
4:THE DIRECTOR GENERAL
BOARDER SECURITY FORCE (BSF)
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BLOCK NO.10
LODDHI ROAD
PRAGATI VIHAR
NEW DELHI-110003
5:THE DIRECTOR GENERAL
CENTRAL RESERVE POLICE FORCE (CRPF)
CGO COMPLEX LODHI ROAD
NEW DELHI-110003.
6:THE DIRECTOR GENERAL
ASSAM RIFLES
NONGRIMMAW
LAITUMUKHRAH
GORALINE SHILLONG
MEGHALAYA-793011.
7:THE DIRECTOR GENERAL
SHAHASRA SEEMA BAL (SSB)
5-6
VIVEKANANDA MARG EAST BLOCK
R.K. PURAM
NEW DELHI- 110022
8:REVIEW MEDICAL BOARD (RME)
COMDT. MED/EYE/SPL P.O.- RME BOARD NO. 05
BTC SSB SALONIBAR
Advocate for the Petitioner : MR M AHMED, A. K. KANU
Advocate for the Respondent : DY.S.G.I., MR. S S ROY(C.G.C)
– B E F O R E –
HON’BLE MR. JUSTICE SOUMITRA SAIKIA
Advocate for the petitioners : Mr. M Ahmed, Advocate
Advocate for the respondents : Mr. S.S Roy, CGC
· Date on which Judgment was reserved : NA
· Date of Pronouncement of Judgment : 13.05.2026
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· Whether the pronouncement is of
the Operative Part of the Judgment : No
· Whether the full Judgment has been
Pronounced : Yes
JUDGMENT AND ORDER(ORAL)
Heard Mr. M. Ahmed, 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 05.09.2024 issued
by the Staff Selection Commission, applied for the recruitment to the post of
Constable (GD) in the Central Armed Police Forces (CAPFs), SSF, and Rifleman
(GD) in Assam Rifles and Sepoy in Narcotics Control Bureau Examination for the
year-2025. 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, he was found unfit on the
grounds of (i) Swelling in the line of veins in (B) forearm and (ii) Anal
Fissure/Stricture and Review Medical Examination (RME), he was declared unfit
on the ground of “Fissure in Anal”.
3. The learned 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 Assam Medical College & Hospital,
Dibrugarh. The specialized Doctor from the Assam Medical Colleges opined that
“incidental heal tear near the anal margin which could not be considered as
Anal Fissure”. In the light of these contrary medical opinions—the petitioner has
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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 05.09.2024.
4. Under such circumstances, in view of the contradictory medical opinions,
this Court considers it appropriate to remand the matter back to the respondent
authorities to re-examine the petitioner by referring to specialist if the need so
arises thereafter pass appropriate order. The examination will be conducted by
the review medical board and thereafter if it is found that there are no
abnormalities present then consequential orders should be issued. Any such
opinion rendered in terms of the directions, copies thereof will be served on the
writ petitioner.
5. The writ petition stands accordingly disposed of. T
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