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2026 Supreme(Online)(Gau) 11634

GAUHATI HIGH COURT
ROHIT KUMAR SAH – Appellant
Versus
THE UNION OF INDIA AND ORS – Respondent
WP(C) 7296 / 2025



##PAGE1##

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)

##PAGE2##

Page No.# 2/4

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

##PAGE3##

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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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