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2026 DAILYLAW 11603 (CAL)

ROHIT DAS v. UNION OF INDIA AND ORS.

WPA/28984/2025 · 2026-02-10

Saugata Bhattacharyya

body2026

Judgment text

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12 rkd 10.02.2026 Ct.02 DM W.P.A. 28984 of 2025 Rohit Das -vs- Union of India & Ors. Mr. Debasish Kundu, Mr. Bidan Modak, Ms. Arpita Kundu ….for the petitioner. Mr. Pinaki Bhattacharyya, Ms. Aishwarya Rajyashree, ….for the Union of India. 1. In terms of the order dated 6th January, 2026 a report signed by DIG (Comn) on behalf of the IG FTR HQ BSF, South Bengal is filed today and same is taken on record. 2. Petitioner participated in the selection process for being appointed as Constable (GD) under Central Armed Police Forces (CAPFs) but in Review Medical Examination petitioner was declared unfit on the ground of deviated nasal septum with chronic polypoid sinusitis. 3. Review Medical Examination was conducted on 6th December, 2025. In addition thereto opinion of ENT specialist of Barasat Government Medical College & Hospital was obtained by referring the petitioner on 6th December, 2025. 4. ENT specialist in his report dated 6th December, 2025 diagnosed the petitioner with deviated nasal septum with chronic polypoid sinusitis and as such said ENT specialist prescribed medication. Report of the ENT specialist dated 6th December, 2025 is enclosed to the report filed today. 5. Reliance is also placed on Clause 9 (ii)(3)(C) of the Guidelines for Recruitment Medical Examination in Central Armed Police Forces and Assam Rifles of May, 2015. 6. Clause 9 (ii)(3)(C) is quoted below: “(C) Nose, sinuses & larynx: Nose should be carefully examined and ensured that airways are free. Complete examination of nose with the help of nasal speculum is to be done to rule out polypus of nose, Deviated Nasal Septum or Atrophic Rhinitis. To test the nasal obstruction the candidate is asked to exhale forcefully through one nostril while other is kept closed with the tip of thumb. Same procedure is repeated for another nostril. Right thumb may be used for right nostril and left thumb for the left nostril. i) DNS, atrophic rhinitis, tubercular ulceration, chronic sinusitis are required to be excluded; however minor DNS, minor hypertrophied turbinates can be accepted if there is no marked airway obstruction. ii) Candidates with polyps should be declared unfit and if after 30 days of surgery there is no complication, these candidates can be accepted 2 during review medical examination. iii) The candidate should also be declared unfit having following diseases:- (a) Atrophic rhinitis (b) Nasal polyps. (c) Perforation of nasal septum. (d) Marked DNS with nasal air way obstruction (e) Deformities, or conditions or anomalies of the upper alimentary tract, viz., mouth, tongue, palate, throat, pharynx, larynx, mandible and, nose that interfere with chewing, swallowing, speech, or breathing.” 7. As per Clause 9 (ii)(3)(C) candidate having deviated nasal septum with chronic polypoid sinusitis is not eligible to be declared medically fit since it is provided therein deviated nasal septum with chronic polypoid sinusitis are required to be excluded. 8. Medical document dated 10th December, 2025 furnished by the petitioner in the writ petition at page 24 also does not support the case of the petitioner as ENT specialist of Medical College & Hospital opined petitioner is provisionally fit from ENT point of view. 3 9. Hence, no relief can be granted to the petitioner. 10. Writ petition stands dismissed. 11. There shall be no order as to costs. 12. Urgent photostat certified copy of this order, if applied for, be given to the learned Advocates for the parties on the usual undertakings. (Saugata Bhattacharyya, J.) 4