Page No.# 1/6 GAHC010281932025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7375/2025 AKTAR ALI ROLL NO. 5105071746, SON OF ASHRAB ALI, R/O- VILL.- BAISHA, P.O. BHOGDIA, P.S. SARTHEBARI, DIST. BARPETA, ASSAM VERSUS THE UNION OF INDIA AND 4 ORS REPRESENTED BY THE SECRETARY TO THE MINISTRY OF PERSONAL, PUBLIC GRIEVANCES AND PENSIONS, DEPARTMENT OF PERSONAL AND TRAINING, STAFF SELECTION COMMISSION, BLOCK NO. 12, CGO COMPLEX, LODHI ROAD, NEW DELHI- 110003. 2:THE STAFF SELECTION COMMISSION HOUSEFED COMPLEX LAST GATE- BASISTHA ROAD P.O. ASSAM SACHIVALAYA DISPUR GUWAHATI-781006 KAMRUP METRO ASSAM 3:THE DIRECTOR GENERAL CRPF (RECRUITMENT BRANCH) EAST BLOCK-07 LEVEL-4 SECTOR-01 R.K. PURAM NEW DELHI-110066. 4:THE DIRECTOR GENERAL BORDER SECURITY FORCE BLOCK NO. 10 Page No.# 2/6 CGO COMPLEX LODHI ROAD NEW DELHI-110003. 5:THE REVIEW MEDICAL BOARD DV/DME/RME-CT (GD) EXAM-2025 CENTR- CAPS COMPOSITE HOSPITAL BORDER SECURITY FORCE (BSF) PATGAON GUWAHATI DIST. KAMRUP METRO ASSA Advocate for the Petitioner : MR. R BORA, MS R MEDHI Advocate for the Respondent : DY.S.G.I., MRS S BARUAH (C.G.C) BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 01.06.2026 Heard Mr. R Bora, learned counsel for the petitioner. Also heard Ms. S Baruah, 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), NIA, SSF, and Rifleman (GD) in Assam Rifles Examination for the year 2025. 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 Page No.# 3/6 Medical Board, the petitioner was declared unfit on the ground of “Defective Eye Vision, i.e. distance vision of right eye 6/12 and left eye 6/6. 3. The learned senior 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 Fakaruddin Ali Ahmed Medical College and Hospital, Barpeta. The specialized Doctor from the department of Ophthalmology opined that the petitioner has distant vision of 6/6 in both eyes and the colour vision is also found to be within normal limit. 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 05.09.2024. 4. 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 Sl. No. 01 of Table 03 of the Visual Standards for direct Entry in SOs & Ors in CAPF, NSG & ARs at page 50 of the Guidelines, the petitioner was declared unfit. The learned CGC submits that as per guidelines issued by the Ministry of Home Affairs, the present system in which only one Review Medical Examination is allowed and there is no appeal against the decision of Page No.# 4/6 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. 5. 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. 6. Upon perusal of the writ petition and after hearing the learned counsel for the petitioner, it is seen that the petitioner is before this Court challenging the rejection of his application on the grounds of being found disqualified by the BSF, Patgaon. The petitioner’s prayer before this Court is to allow the petitioner to participate in the recruitment process in pursuance of the advertisement dated 05.09.2024, in light of the opinion rendered by the Fakaruddin Ali Ahmed Medical College and Hospital, Barpeta. The opinions indicate that the petitioner is found fit. 7. Reference is also made to the guidelines for the Review Medical Examination, which lay down certain conditions for the process. These guidelines specify that, ordinarily, there is no right of appeal against the findings of the recruiting Medical Officer or the initial Medical Board. However, if the Government is Page No.# 5/6 satisfied with the evidence placed before them by the candidate, indicating the possibility of an error in judgment by the recruiting Medical Officer or the initial Medical Board, they may allow re-examination by the Review Medical Board. The guidelines also prescribe in detail the manner in which the medical evidence relied upon by the candidate should be presented before the Competent Authority when seeking reconsideration. 8. The facts of the present case reveal that there are contradictory medical opinions. On one hand, the Detailed Medical Board and Review Medical Board rejected the petitioner on the grounds of Defective Eye Vision, distance vision of right eye 6/12 and left eye 6/6 while on the other hand, after presenting him before the Fakaruddin Ali Ahmed Medical College and Hospital, Barpeta, the doctor of the college opined that the petitioner has distant vision of 6/6 in both eyes and the colour vision is also found to be within normal limit. Under these circumstances, the issue becomes a disputed question of fact, which a Writ Court ordinarily would not delve into. 9. Under these circumstances, this Court considers it appropriate to mould the relief prayed for by the petitioner and permit the petitioner to approach the Competent Authorities of the respondent within 2 (two) weeks from the date of receipt of the certified copy of this order. The petitioner may file an application, duly supported by all relevant medical documents, including reports of tests Page No.# 6/6 dated 08.12.2025, if any, undertaken/undergone by the petitioner before the Fakaruddin Ali Ahmed Medical College and Hospital, Barpeta. If the relevant medical documents are submitted along with the representation, the respondent authorities will take note of such medical opinions. If these opinions are found to be based on proper tests and examinations conducted by the medical authorities of the Fakaruddin Ali Ahmed Medical College and Hospital, Barpeta, the respondent authorities will reconstitute a Review Medical Board for the re- examination of the petitioner. If, in the opinion of the respondent authorities, civilian specialists from the concerned Department are necessary, he may also be included in the Review Medical Board. 10. If the representation, as directed above, is filed by the writ petitioner, then the directions contained in this order shall be carried out within a period of 6 (six) weeks from the date of receipt of such representation. The representation must be filed in the prescribed format, in accordance with the revised uniform guidelines for Review Medical Examination in CRPF and Assam Rifles and must also include a certified copy of the order of this Court. 11. Writ petition accordingly stands disposed of in terms of the above. JUDGE Comparing Assistant