Page No.# 1/5 GAHC010248822024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case : WP(C)/6315/2024 RAMA CHOUHAN S/O- SRI BAPPI CHOUHAN R/O- VILL.- JAMGURI P.O. CHANDRAPARA P.S. KOKRAJHAR DIST. KOKRAJHAR ASSAM PIN- 783370. VERSUS THE UNION OF INDIA AND 8 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF INDIA IN THE MINISTRY OF HOME AFFAIRS NEW DELHI-110001. 2:THE STAFF SELECTION COMMISSION (SSC) REPRESENTED BY THE CHAIRMAN/ SECRETARY BLOCK NO. 12 CGO COMPLEX LODHI ROAD NEW DELHI-110003. 3:THE REGIONAL DIRECTOR (NER) STAFF SELECTION COMMISSION (SSC) RUKMINI NAGAR P.O. ASSAM SACHIVALAYA GHY-781006. 4:THE DIRECTOR GENERAL BORDER SECURITY FORCE (BSF) Page No.# 2/5 BLOCK NO. 10 LODHI ROAD PRAGATI NAGAR NEW DELHI-110003. 5:THE DIRECTOR GENERAL CENTRAL INDUSTRIAL SECURITY FORCE (CISF) BLOCK NO. 13 CGO COMPLEX NEW DELHI-110003. 6:THE DIRECTOR GENERAL CENTRAL RESERVE POLICE FORCE (CRPF) CGO COMPLEX LODHI ROAD NEW DELHI-110003. 7:THE DIRECTOR GENERAL ASSAM RIFLES NONGRIMMAW LAITMUKHRAH GORALINE SHILLONG MEGHALAYA-793011. 8:THE DIRECTOR GENERAL INDO TIBETAN BORDER FORCE (ITBP) BLOCK NO. 10 CGO COMPLEX LODHI ROAD NEW DELHI-110003. 9:THE DIRECTOR GENERAL SHAHASRA SEEMA BAL (SSB) 5-6 VIVEKANANDA MARG EAST BLOCK R.K.PURAM NEW DELHI-110003. ------------ Advocate for : MR. O LASKAR Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND 8 ORS Page No.# 3/5 BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 09.12.2025 Heard Mr. O Laskar, 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 24.11.2023 issued by the Staff Selection Commission, applied for the recruitment to the post of Constable (GD) in the Central Armed Police Forces (CAPFs), NIA, SSF, and Rifleman (GD) in Assam Rifles Examination for the year 2024. 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 and Review Medical Board, the petitioner was declared unfit on the ground of “accessory tragus (congenital); kypho-scoliosis and mild dextro- scoliosis”. 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 for evaluation before the Kokrajhar Medical College and Hospital for evaluation of his spinal deformities. There were three X-Rays conducted. In the X-ray report of the Lumber spice the findings are: The Spine is normal in configuration and alignment. The vertebrae and intervertebral disc spaces are normal. The sacroiliac joints are normal. There is no prevertebral or Page No.# 4/5 paravertebral soft tissue abnormality The impression is unremarkable radiographs of the lumbosacral spine In respect of Cervical spine, the findings are: The spine is normal in configuration and alignment. The vertebrae and intervertebral disc spaces are normal. The atlantoaxial joint is unremarkable. There is no prevertebral soft tissue abnormality The impression is unremarkable radiographs of the cervical spine In respect of Thoracic spine, the finding are: The thoracic spine is normal in alignment. The bertebral bodies, pedicles and laminae are normal. The disc spaces are well maintained. There is no fracture or subluxation. The prevertebral and paravertebral soft tissues are unremarkable The impression is unremarkable radiographs of the thoracic spine 4. Thereafter the petitioner also presented himself before the Fakaruddin Ali Ahmed Medical College and Hospital, Barpeta before the ENT OPD. The treating physician opined that no surgery or medication or intervention required. 5. In the light of these contrary medical opinions—the petitioner has 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 24.11.2023. 6. The respondents have contested the matter by filing their affidavits. The learned CGC for the respondents has relied upon the Revised guidelines for Recruitment Medical Examination in Central Armed Forces and Assam Rifles to show that as per the Guidelines, the petitioner was declared unfit. The learned CGC submits that as per guidelines issued by the Ministry of Home Affairs, the Page No.# 5/5 present system in which only one Review Medical Examination is allowed and there is no appeal against the decision of the Review Medical Board. The learned CGC respondents has placed reliance on an order of the Apex Court passed in SLP(C) Nos. 738-741/2022, where the SLP preferred by the Union although dismissed, it was observed that as a normal rule the decision taken by the Review Medical Board should be treated as final. 7. The learned counsel for the parties have been heard and pleadings available on the record have been carefully perused. The amended guidelines for the Review Medical Examination in Central Armed Police Forces and Assam Rifles are enclosed to the affidavit filed by the respondents. 8. 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 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 not abnormalities present then consequential orders in respect of selection and appointment of the writ petitioner should be issued. Any such opinion rendered in terms of the directions, copies thereof will be served on the writ petitioner. 9. The writ petition stands accordingly disposed of. The directions contained be carried out within a period of 30 days from the date of receipt of certified copy of this order. JUDGE Comparing Assistant