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2025 DAILYLAW 3258 (GAU)

ROHIT KUMAR SAH v. THE UNION OF INDIA AND ORS

WP(C)/7296/2025 · 2026-05-12

Soumitra Saikia

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010279602025 undefined 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) 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 Page No.# 3/4 · 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 Page No.# 4/4 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. The directions contained be carried out within a period of 60 days from the date of receipt of certified copy of this order. JUDGE Comparing Assistant