Page No.# 1/4 GAHC010078772024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2149/2024 MANMATH SANJAY KASHIRSAGAR S/O- SANJAY TOPAJI KASHIRSAGAR, AT POST HATTA TQ BASMATH, DIST- HINGOLI, MAHARASHTRA, PIN-431705, PRESENTLY RESIDING AT PANJABARI, GUWAHATI, DIST- KAMRUP (M), ASSAM VERSUS THE UNION OF INDIA AND 2 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF HOME AFFAIRS, NEW DELHI- 110001 2:THE DIRECTOR GENERAL OF ASSAM RIFLES HEAD QUARTER DIRECTORATE GENERAL SHILLONG-11 MEGHALAYA 3:THE COMMANDANT PRESIDING OFFICER OF ASSAM RIFLES TRADES AND TECHNICAL RECRUITMENT RALLY 2024 HQ DIRECTOR GENERAL ASSAM RIFLE Advocate for the Petitioner : MR V KUMAR, MS M TIWARI,MR B HAZARIKA,MR B PATHAK Advocate for the Respondent : DY.S.G.I., MRS. R DEVI BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR Page No.# 2/4 ORDER Date : 27-04-2026 Heard Mr. B. Pathak, learned counsel for the petitioner. Also heard Ms. R. Devi, learned CGC appearing for the respondents. 2. The petitioner by way of instituting the present writ petition has prayed for a direction upon the respondent authorities for undertaking a fresh medical examination in his case, for considering his fitness for joining against the post of Warrant Officer (Draftsman). 3. The petitioner, herein, in pursuance to an advertisement dated 10-10-2023, published in the Employment News, inviting applications from eligible candidates for filling up the vacancies in Assam Rifles in Technical and Tradesmen trade, including 01 (one) post of Warrant Officer/ Draftsman identified for the State of Maharastra, the petitioner had submitted his application against the said post. The petitioner, thereafter, appeared in the selection process and qualified in Physical Standard Test (PST)/ Physical Efficiency Test (PET). Thereafter, the petitioner had appeared in the written examination and also cleared the same. The petitioner having successfully completed the various stages of the recruitment process, was directed to appear before the Board so constituted for carrying out Detail Medical Examination on 29-12-2023. The petitioner, accordingly, appeared before the Board at Assam Rifles Hospital, Laitkor, Shillong. The petitioner on being examined by the said Medical Board was held to be unfit for being recruited to the Assam Rifles on the ground that the petitioner was found to be suffering from “Deviated Nasal Septum and Bilateral Inferior Turbinate Hypertrophy”. The petitioner being aggrieved had Page No.# 3/4 submitted an application for being examined by a Review Medical Board. The petitioner, accordingly, was referred to the North Eastern Indira Gandhi Regional Institute of Health & Medical Sciences (NEIGRIHMS) at Shillong on 24-01-2024, wherein, he was examined in its ENT Department and it was again found that the petitioner had Gross Deviated Nasal Septum and Bilateral Inferior Turbinate Hypertrophy and it was opined that as per CAPF Recruitment Guidelines, 2015, the petitioner was unfit for being appointed in the force. Accordingly, the Review Medical Board declared the petitioner to be medically unfit on account of Gross Deviated Nasal Septum and Bilateral Inferior Turbinate Hypertrophy. Being aggrieved, the petitioner has instituted the present writ petition. 4. I have heard the learned counsel for the parties and also perused the materials available on record. 5. It is not in dispute that the petitioner during his Detailed Medical Examination, was found to be suffering from Gross Deviated Nasal Septum and Bilateral Inferior Turbinate Hypertrophy. The said position was reiterated during the examination of the petitioner by the Doctors of the ENT Department at NEIGRIHMS and accordingly, the Review Medical Examination Board had also held the petitioner to be unfit for being recruited to the force. This Court has perused the materials brought on record and does not find that the petitioner has levelled any allegation of any malice against the members carrying out his Detailed Medical Examination and/ or the Review Medical Examination. The respondents in the affidavit have brought on record the documents pertaining to the examination of the petitioner, by the various Medical Boards constituted in the matter. The said records not being disputed, would mandate an appreciation by this Court. It is a settled principle Page No.# 4/4 of law that the parameters of checking physical fitness of a candidate in a civilian post defers from that of a Para Military Force. The petitioner having been so examined strictly in accordance with the norms set out for such medical examination, the petitioner being found to be medically unfit for being accommodated in the Assam Rifles, this Court on the basis of the materials available on record is not in a position to interfere with such decisions arrived at by the duly constituted medical board. 6. It is appreciated by this Court that the tasks in Armed Forces are arduous in nature and accordingly, a candidate for recruitment to the force requires higher strength and medical fitness. This Court cannot act as an Appellate Authority over the decision of the Medical Boards. It is also settled position of law that the decision of the Review Medical Board is to be held to be final. 7. Accordingly, in view of the said conclusion reached by this Court, the decision arrived at by the constituted medical board in the considered view of this Court would not mandate interference. 8. In view of the above, the present writ petition is held to be devoid of any merit and the same, accordingly, stands dismissed. Parties to bear their own cost. JUDGE Comparing Assistant