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2025 DAILYLAW 2245 (CAL)

SUBAN ALI MOLLA v. UNION OF INDIA AND ORS.

WPA/28126/2025 · 2026-01-07

Saugata Bhattacharyya

body2025

Judgment text

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13 0077..0011..22002266 Ct. No. 2 adeb W.P.A. 28126 of 2025 Subhan Ali Molla Vs. Union of India & Ors. Mr. Debasish Kundu …for the Petitioner Mr. Ranjan Kumar Sinha Mr. Shaunak Ghosh …for the UOI 1. Matter is heard in presence of the learned advocates representing the petitioner and Union of India. 2. Report is submitted by the Commandant (Estt) dated 1st January, 2026 along with necessary documents including USG report dated 29th November, 2025 and same are taken on record. 3. Petitioner participated in the selection process for being appointed as Constable (GD) under Central Armed Police Forces (CAPFs). 4. Petitioner was declared medically unfit in detailed medical examination. As per detailed medical examination report dated 27th November, 2025 on two grounds petitioner was declared medically unfit, those are cubitus valgus and gynaecomastia. Petitioner 2 preferred review and review medical examination was conducted on 1st December, 2025. As per review medical examination report dated 1st December, 2025 petitioner was declared unfit as he was diagnosed with gynaecomastia. However, cubitus valgus was not found to be a valid ground to declare the petitioner unfit in review medical examination. 5. As per report submitted on behalf of respondents it appears that in terms of Clause 11(2) of revised guidelines it is specifically provided gynaecomastia will lead to rejection in the initial medical examination having certain specifications. Ultrasound examination is to be done to rule out whether it is due to fatty tissue or breast tissue. Candidates are to be rejected if found to have breast tissue. Ultrasonography report dated 29th November, 2025 contains findings which are suggestive of gynaecomastia due to bilateral breast subareolar tissues enlargement. As per Clause 11(2) of the revised guidelines a candidate needs to be rejected if found to have breast tissue. 6. Decision has been taken by the medical expert in review medical examination based on Ultrasonography report dated 29th November, 2025. 3 7. Hence, no relief can be granted to the petitioner. 8. Writ petition stands dismissed. 9. Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings. (Saugata Bhattacharyya, J.)