RAJESH PRASAD GUWALA v. THE UNION OF INDIA AND 7 ORS
WP(C)/7294/2025 · 2026-05-12
Soumitra Saikia
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 3259 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 3259 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC010280002025
undefined
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7294/2025 RAJESH PRASAD GUWALA S/O- RAMDULAR GUWALA, R/O.- TIPAM FAKIAL, TIPAM GAON, P.O. AND P.S- JEYPORE, SUB DIST- NAHARKATIYA, DIST- DIBRUGARH, ASSAM, PIN-
786614. VERSUS THE UNION OF INDIA AND 7 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) BLOCK NO.10 LODDHI ROAD
Page No.# 2/4 PRAGATIVIHAR 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 SALONIBARI 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 · Whether the pronouncement is of the Operative Part of the Judgment : No
Page No.# 3/4
· 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 following grounds: (i) Penile Vitiligo; (ii) High BP and (iii) Tachycardia. 3. Subsequently, he was examined by a Civilian Doctor in the Tezpur Medical College and Hospital and by the opinion dated 21.11.2025, he is found to be fit and the Doctor of the Tezpur Medical College and Hospital had opined that the
“patient is having penile vitiligo since childhood. The condition is stable. It is not cause any problem in performing his duties. Patient is fit to performing his normal activities and duties”. Thereafter, he was placed before the Review Medical Board where he was finally rejected on the ground of “Penile Vitiligo”. There was no discussion or reference to the opinion of the civilian hospital
Page No.# 4/4 where there is a detailed opinion granted that the petitioner is fit for being appointed to his duties. 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