1 2026:CGHC:20602-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WA No. 355 of 2026 1 - Sandeep Bhanu S/o- Ramlal Bhanu, Aged About 24 Years, R/o- Baram Chauk, Malhar, Masturi, District- Bilaspur (C.G.) ... Appellant versus 1 - Union of India Through its Secretary, Ministry of Home Affairs, New Delhi. 2 - Ministry of Home Affairs, Through Director General CRPF (Recruitment Branch) East Block 7, Level 04, Sec 01 R.K. Puram, New Delhi-110066 3 - Staff Selection Commission, Block No. 12 CGO-Complex Lodhi Road, New Delhi 110003 4 - Inspector General of Police, Chhattisgarh Sector- HQ CRPF, Sector 17, Near PHQ, Naya Raipur, District-Raipur (C.G.) 5 - CRPF Bilaspur, Group Centre CRPF Bharni, P.O. Ganiyari, District- Bilaspur (C.G.) ... Respondents (Cause title taken from Case Information System) For Appellant : Mr. Bharat Sharma, Advocate For Respondents-Union of India : Mr. R.K. Mishra, Deputy S.G. with Mr. Niraj Baghel, Union Govt. Counsel. Digitally signed by MOHAMMED AADIL KHAN Date: 2026.05.05 19:42:14 +0530 2 Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri R avindra Kumar Agrawal, Judge Order on Board Per Ramesh Sinha, C.J. 04-05-2026 1. The present writ appeal filed by the writ appellant who was the writ petitioner No.1 before the learned Single Judge, against the impugned order dated 20.01.2026 passed by the learned Single Judge in WPS No.562 of 2026 whereby the writ petition filed by the writ appellant has been dismissed. 2. The case of the appellant, who was petitioner No.1 in the writ petition is that, he is belonging to the ST category and applied for the post of Constable (GD) in CAPFs, NIA, SSF, and Rifleman (GD) in Assam Rifles Examination 2025 conducted by the Staff Selection Commission. He successfully cleared the Computer-Based Examination, Physical Standard Test, and Physical Efficiency Test, securing good merit in all stages. However, during the Detailed Medical Examination (DME), he was declared unfit due to alleged tremors, hyperhidrosis, and anxiety neurosis. Subsequently, he underwent a Review Medical Examination, but no neurologist examined him, and yet his candidature was rejected with a remark attributing the decision to a neurologist’s opinion, which the appellant never received. Following this, the appellant obtained independent medical reports from multiple hospitals, which confirmed that he did not suffer from any of the conditions cited and was medically fit. Despite submitting these reports 3 in a representation to the respondents, no action was taken. The appellant also highlighted that during the Review Medical Examination conducted at aarBee Institute of Medical Sciences, Bilaspur, only routine blood tests were performed, all of which were normal, yet the critical neurological assessment was entirely omitted. The appellant contends that the respondents’ action was arbitrary, unreasonable, and malafide, as he was declared unfit without proper medical evaluation despite qualifying all examinations and physical tests. The appellant had worked diligently over the years, and the rejection without a neurologist’s examination, contrary to independent medical evidence, has caused undue hardship and deprived him of his legitimate opportunity. Feeling aggrieved, the appellant along with another person filed WPS No.562 of 2026 seeking the following relief(s):- “10.1 That, the Hon’ble Court may kindly be pleased to call the records relating to the case of the petitioner. 10.2 That, it is therefore prayed that this Hon’ble Court may kindly be pleased to direct Respondent No. 2 & 5 and All India Institute of Medical Sciences (AIIMS), Raipur, (C.G.) to examine the physical fitness of the petitioner from a competent Medical Board, in the light of requirement of CRPF., in the interest of justice. 10.3 Any other relief, which Hon’ble Court deems fit and proper in the facts and circumstances of the case.” 4 The said WPS No. 562 of 2026 has been dismissed vide impugned order dated 20.01.2026, against which the appellant has filed the present appeal. 3. Learned counsel for the appellant submits that the appellant successfully cleared all stages of the recruitment process for the post of Constable (GD) but was arbitrarily declared medically unfit on the ground of alleged tremors, hyperhidrosis, and anxiety neurosis. It is contended that such findings are unsustainable as the appellant was never examined by a qualified neurologist, and the medical opinion has been rendered without proper specialized assessment, thereby vitiating the entire process. It is further submitted that despite requesting a fresh medical examination by All India Institute of Medical Sciences, the respondents failed to consider the same. In similar circumstances, the Hon’ble Rajasthan High Court has directed re-examination by AIIMS. Therefore, it is prayed that this Hon’ble Court may direct a fresh medical examination by a specialized board to ensure fairness and justice. It has also been submitted that the Review Medical Examination conducted at aarBee Institute of Medical Sciences does not bear the opinion or signature of any Neurologist. The review medical examination of the appellant was conducted in aaRBee hospital Bilaspur on 02.12.2025 wherein the appellant has been declared unfit by the respondent on the ground that appellant has tremors and hyperhidrosis, but on 25.12.2025 the appellant again got himself tested in the same hospital by a neurologist and strangely on the said date by the same hospital it was found that the appellant does not suffer from any tremors, again to 5 double check himself on 01.01.2026 appellant again got himself tested by Shri Shah Neuro hospital for tremors wherein again it was found that the appellant is not suffering from any tremors, this goes to show that the respondent authorities have not examined the case of the appellant from a valid neurologist and with a premeditated mind declared him unfit without proper examination. Therefore, the appeal may be allowed and the relief as prayed may be granted. 4. Learned counsel for the respondents/Union of India supported the impugned order and submits that respondents authorities are having team of expert doctors. The appellant who was declared unfit at the time of medical examination was re-examined by the Review Medical Board and the Board has also found the appellant unfit and therefore the the learned Single Judge has rightly dismissed the petition filed by the appellant and the appeal is liable to be dismissed. 5. We have heard learned counsel for the parties and perused the record of writ petition as well as the writ appeal. 6. The learned Single Judge has in the impugned order dated 20.01.2026 passed in WPS No. 562 of 2026 has observed in paragraphs No.5 to 9 that:- “5. At page No. 97 & 98 of the writ petition, petitioners have filed documents regarding medical examination of CT/GD Exam-2025 and it was issued in favour of petitioners in a memorandum unfit. The doctor examined the petitioners, have assigned reasons of being unfit due to ‘Hyperhedrosis and Tremors’. Petitioners thereafter again examined by Review Medical Board and the Review 6 Medical Board has declared the petitioners unfit observing “Unfit Due to Persistent Tremors And Hyper Hidrosis And Anxiety Neurosis”. Petitioners were examined by team of doctors who are members of Review Medical Board. 6. According to the procedure prescribed, if the applicant/ candidate is dissatisfied with the report of his medical examination by doctor, he/she can avail the right, for referring to him/her to the Review Medical Board. Petitioners have already examined by the Review Medical Board consisting team of doctors and they have also found petitioners to be unfit and the reason for unfit is also one of the reason assigned by the doctor who examined petitioner in detail at the time of his medical examination. Doctors have found that petitioners are suffering with Tremors and Hyperhidrosis therefore they are unfit for their appointment on the post applied for by them. 7. When under the proceedings/ rules, mechanism is provided for the applicant having grievance against the report of his medical examination by doctor at the time of detailed examination. If he/ she is held unfit, upon asking his/ her reference for the review medical board they will be examined by Review Medical Board. Petitioners have already been referred to the Review Medical Board. There is no allegation that petitioners have been declared unfit for any of the oblique reason and therefore the report of the Review Medical Board cannot be questioned. Review Medical Board is constituted by team of doctors and are expert in their field. 8. The decision which is relied upon by the counsel for petitioners has not discussed the law and has not laid down the law but has considered the limited prayer in the facts of that case and therefore petitioners cannot get the benefit of the same. 7 9. For the foregoing discussion, I do not find any good ground to admit this writ petition and accordingly this writ petition is dismissed at admission stage.” 7. In the present matter, the appellant was examined by the competent medical authority and was found unfit on the basis of clinical assessment, which was subsequently affirmed upon review. The mere existence of divergent private medical opinions, obtained subsequently by the appellant, cannot override the findings of the expert medical board constituted by the respondents for the purpose of recruitment. 8. In view of the facts and circumstances of the case, the material placed on record, and the medical opinion of the duly constituted Review Medical Board comprising expert doctors, we find no reason to interfere with the impugned order passed by the learned Single Judge. The learned Single Judge has elaborately discussed all the material facts and circumstances of the case and passed the impugned order dated 20.01.2026 which cannot be said to be illegal and we have not found any infirmity in the order impugned. Accordingly, the present appeal is dismissed. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Aadil