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2026 DAILYLAW 17701 (CAL)

ARUP SHIL v. THE UNION OF INDIA AND ORS.

WPA/29725/2024 · 2026-05-05

Amrita Sinha

body2026

Judgment text

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05.05.2026 Item no.13 wt.14 Subrata Bhattacharyya AR(C) IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION Appellate Side WPA No.29725 of 2024 Arup Shil Vs. The Union of India & Ors. Mr. Ziaul Haque Ms. Poulomi Ghosh … for the petitioner Mr. Ram Chandra Agarwal Mr. Tapan Bhanja … for the Union of India 1. The petitioner participated for recruitment as Constable-GD in Central Armed Police Forces. 2. The Review Medical Board declared the petitioner medically unfit due to Cubitus Valgus. 3. Thereafter, the petitioner got himself medically examined in State Government hospital and obtained a fit certificate in his favour. 4. 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. 5. Prayer has been made to reevaluate and reexamine the physical fitness of the petitioner by an independent medical board. 6. Submission of the petitioner is opposed by the learned advocate representing the respondents. 7. As per the Recruitment Rules, the decision of the Review Medical Board is final and no appeal can be entertained. 8. As it appears that the expert doctors of the recruiting authority detected the aforementioned defect in the petitioner which is a ground for disqualification of candidature, accordingly, the Court is not inclined to interfere with the said finding. 9. 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. 10. 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. 11. Moreover, the recruitment process is of the year 2024. The said process ended long ago and the existing vacancies were carried forward to the next recruitment process which has also completed long ago. 12. In view of the above, no relief can be granted to the petitioner in the instant writ petition. The writ petition fails and is hereby dismissed. 13. Report of the expert of the respondents filed in Court be taken on record. 14. Parties to act on the basis of the server copy of this order duly downloaded from the official website of this Court. 15. Certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities. (Amrita Sinha, J.) 2