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2025 DAILYLAW 24739 (GAU)

SAMIKSHA RABHA v. THE UNION OF INDIA AND 5 ORS.

WP(C)/7027/2024 · 2025-11-18

Kardak Ete

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010276542024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7027/2024 SAMIKSHA RABHA D/O- SUREN RABHA, R/O- NO. 1 UTTAR SAKHADARI, P.O. DAMALCHOS, P.S. BOKO, DIST. KAMRUP, ASSAM, PIN- 781135. VERSUS THE UNION OF INDIA AND 5 ORS. THROUGH THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF HOME AFFAIRS (GRIHA MANTRALAYA), NEW DELHI-110066. 2:STAFF SELECTION COMMISSION REPRESENTED BY ITS CHAIR PERSON GOVT. OF INDIA MINISTRY OF PERSONNEL AND TRAINING BLOCK NO. 12 CGO COMPLEX LODHI ROAD NEW DELHI-110003. 3:DIRECTOR GENERAL CRPF (RECRUITMENT BRANCH) EAST BLOCK- 07 LEVEL-4 SECTOR-01 R.K. PURAM NEW DELHI-110006. 4:REVIEW MEDICAL EXAMINATION BOARD CT/GD 2024 GC CRPF GUWAHATI REPRESENTED BY ITS PRESIDING OFFICER 9TH MILE GUWAHATI-781023. 5:DETAILS EXAMINATION BOARD CT/GD 2024 GC CRPF GUWAHATI REPRESENTED BY ITS PRESIDING OFFICER 9TH MILE GHY-781023. Page No.# 2/3 6:GUWAHATI MEDICAL COLLEGE HOSPITAL ((GMCH) REPRESENTED BY ITS SUPERINTENDENT BHANGAGARH GUWAHATI-781032 Advocate for the Petitioner : MS. S DEVI, MR N AHMED,MS. J GHOSH Advocate for the Respondent : DY.S.G.I., MS. B SARMA (C.G.C.),MRS S BARUAH(C.G.C),SC, GMCH BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 19.11 . 2025 Heard Ms. S. Devi, learned counsel for the petitioner and Ms. B. Sarma, learned CGC for respondents. 2. By filing this writ petition, the petitioner has prayed for a direction to the respondent authorities to re-asses the Medical Fitness of the petitioner for selection and appointment to the post of Constable (General Duty) in Central Armed Police Force in terms of the Recruitment Notice dated 24.11.2023, issued by the Staff Selection Commission, for filling up of Constable (General Duty) in Central Armed Police Forces, SSF and Rifleman (General Duty) in Assam Rifles. 3. The petitioner participated in the recruitment test pursuant to the said Notification dated 24. 11.2023, issued by the Staff Selection Commission, for filling up of various posts of Constable (General Duty) in Central Armed Police Force, SSF and Rifleman (General Duty) in Assam Rifles. Upon medical examination of the petitioner for fitness by a Medical Board on 14.11.2024 the petitioner was found to be medically unfit and even on re-assessment by Review Medical Board, still found medically unfit. 4. Ms. S. Devi, learned counsel for the petitioner fairly submits that Page No.# 3/3 admittedly the petitioner was found to be medically unfit and therefore, the grievance of the petitioner for re-assessment of the medical fitness may not be survived as on re-assessment, the petitioner is admittedly found to be medically unfit by the Medical Board. 5. Ms. B. Sarma, leaned C.G.C. while referring to the various documents annexed to the affidavit-in-opposition submits that the review medical examination was carried out as per the provision of the guidelines of the review Medical Examination Board in Central Armed Police Forces and Assam Rifles and the petitioner is found to be medically unfit after having been reviewed by a competent Review Medical Board. Therefore, there is no question of re- assessment of medical fitness and as such, the writ petition may be dismissed. 6. Having considered the submissions of the learned counsel for the parties and upon perusal of the materials available on record and also considering that the medical fitness examination was done by a competent medical examination Board and re-examination was also done by a competent medical examination Review Board in terms of the relevant provisions to assess fitness and the petitioner having been found unfit for the service, no direction can be issued to re-assess or re-examination by the medical Board again. 7. Thus, no relief can be granted to the writ petitioner. Accordingly, the writ petition stands dismissed. JUDGE Comparing Assistant