Extracted from the PDF above. The PDF is authoritative.
2nd April, 2026
Item no.D/L 15 Court No. 18
Pradip, A.R.(Ct.) In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side
Case No.
WPA 29747 of 2025
In the matter of : Rohon Biswas …. Petitioner VS. Union of India & Ors. ….Respondents
For the Petitioner: Mr. Siddhartha Sankar Mondal Ms. Sharmistha Dhar ….Advocates For the Union of India: Mr. Shounak Bera Mr. Avinash Kankani ….Advocates
1. Supplementary affidavit filed by the petitioner in Court today is taken on record. 2. The petitioner participated for recruitment as Constable-GD in Central Armed Police Forces and SSF, Rifleman (GD) in Assam Rifles, and Sepoy in Narcotics Control Bureau Examination, 2025. 3. The petitioner has been declared unfit by the Detailed Medical Examination Board on four counts, (i) B/L Ring Finger Swan Neck Deformity; (ii) B/L Cubitus Valgus (Carrying Angle 22°); (iii) Hypertension (BP 154/88); (iv) Tremors; (v) Hemorrhoids. 4. The Review Medical Examination Board declared the petitioner unfit on account of anxiety induced tremors in the upper limb. Page 2
5. Being aggrieved by the findings of the Medical Board the petitioner got himself medically examined in State Government hospital and obtained a fit certificate in his favour. 6. The petitioner is aggrieved by the manner in which he has been medically examined by the Detailed Medical Examination Board and the Review Medical Examination Board. 7. The guideline for the Review Medical Examination Board has been stressed upon. It has been submitted that only tremors without any organic cause is a minor acceptable defect. The authority has not detected any organic cause for the tremors. As the said defect is a curable one, opportunity ought to be granted to the petitioner for appointment. 8. Reliance has been placed on the judgment delivered by the Hon‟ble Supreme Court on 19th July, 2019 in Writ Petition(s) (Civil) No(s). 444/2019 in the matter of Dharamvir Singh Vs. The State of Uttar Pradesh & Anr. wherein the Court in a petition under Article 32 of the Constitution of India allowed the writ petition directing the authorities to constitute fresh board of medical professionals to undertake the medical examination of the petitioner. 9. Prayer has been made to reevaluate and reexamine the physical fitness of the petitioner by an independent medical board. 10. Submission of the petitioner is opposed by the learned advocate representing the respondents. 11.
Report of the respondent mentions that the Review Medical Examination Board found tremors deformity. He was referred to Neurologist of Govt. of West Bengal, Department of Health and
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Family Welfare IPGMER & SSKM Centre of Excellence, Kolkata for Neurologist opinion for tremors. 12. The neurologist diagnosed and opined on 8th December, 2025 that the petitioner is having „Anxiety induced tremor‟ and advised medicine for one month and review after one month. 13. Relying on the expert‟s opinion, the petitioner was declared medically unfit by the Review Medical Examination Board on 10th December, 2025. 14. The medical guidelines-2015 has been relied upon by the authority which mentions that “any tremor in hands or other parts of the body thyrotoxicosis should be ruled out and neurologist‟s opinion should be taken”. As the neurologist did not rule out the tremors, the Review Medical Board declared the petitioner unfit. 15. The authority has categorically mentioned that the principles that apply in the case of recruitment to disciplined Forces, involved with safety and security, internal and external, such as the Paramilitary Forces, or the Police, are distinct and different from those which apply to normal civilian recruitment. The standard of fitness, and the rigour of the examination to be conducted, is undoubtedly higher and stricter. 16. As per the Recruitment Rules, the decision of the Review Medical Board is final and no appeal can be entertained. 17. As it appears that the expert doctors of the recruiting authority detected the aforementioned defect in the petitioner which is ground for disqualification of candidature, accordingly, the Court is not inclined to interfere with the said finding. Page 4
18. As the petitioner participated for recruitment in the Central Armed Police Force, the medical certificate relied upon by the petitioner obtained from the State Government Hospital in support of the submission that he does not suffer from any such defect, cannot be accepted. 19.
The standard of fitness of a civilian is not the same as required in the armed forces where strict and stringent methods to assess physical fitness are resorted to. 20. In Dharamveer Singh (supra) the Hon‟ble Supreme Court of India passed order under Article 32 of the Constitution of India. After perusing the report by the Review Medical Board relying on the report of the expert neurologist, the Court is of the opinion that no interference is called for in the instant writ petition. The writ petition fails and is hereby dismissed. 21. Parties to act on the basis of the server copy of this order duly downloaded from the official website of this Court. 22. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities. (Amrita Sinha, J.)