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2026 DAILYLAW 1792 (GAU)

BEENA KUMARI SHAW v. THE UNION OF INDIA AND 10 ORS

WP(C)/7082/2025 · 2026-02-01

Devashis Baruah

Writ Petition (Civil)body2026

Judgment text

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Page No.# 1/5 GAHC010269192025 2026:GAU-AS:1293 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7082/2025 BEENA KUMARI SHAW D/O.- LATE ANANDLAL SHAW, RESIDENT OF PADMABIL, P.O. GOSSAIGAON, P.S. GOSSAIGAON, DIST. KOKRAJHAR, BTR, ASSAM, PIN- 783370. VERSUS THE UNION OF INDIA AND 10 ORS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSION, DEPARTMENT OF PERSONNEL AND TRAINING, STAFF SELECTION COMMISSION, BLOCK NO. 12, CGO COMPLEX, LODHI ROAD, NEW DELHI, PIN- 110003. 2:THE DIRECTORATE GENERAL CRPF (RECRUITMENT BRANCH) EAST BLOCK-07 LEVEL-4 SECTOR-01 R.K. PURAM NEW DELHI PIN- 110066. 3:THE CENTRAL ARMED POLICE FORCES (CAPFS) SSF AND RIFLEMAN (GD) PANDU PORT ROAD PANDU STATION COLONY MALIGAON GUWAHATI ASSAM PIN- 781012. 4:THE STAFF SELECTION COMMISSION Page No.# 2/5 NORTH EAST REGION GUWAHATI-6 P.O. AND P.S. DISPUR DIST. KAMRUP METRO ASSAM PIN 781006. 5:THE AR TEZPUR 30 ASSAM RIFLES LOKHRA DIST. TEZPUR ASSAM PIN- 784102 6:THE CRPF GUWAHATI GROUP CENTRE CRPF GUWAHATI AMERIGOG GUWAHATI ASSAM PIN- 781023. 7:THE REGIONAL DIRECTOR (NER) STAFF SELECTION COMMISSION HOUSEFED COMPLEX LAST GATE BELTOLA BASISTHA ROAD P.O. ASSAM SACHIVALAYA DISPUR GUWAHATI ASSAM PIN 781006 8:THE DIRECTOR GENERAL OF ASSAM RIFLES HEAD QUARTER MAHANIDESHALAYA ASSAM RIFLES SHILLONG MEGHALAYA PIN- 793011. 9:THE BSF PATGAON P.O. AND P.S. AZARA GUWAHATI DIST. KAMRUP ASSAM PIN- 781017. 10:THE OFFICE OF THE DY. INSPECTOR GENERAL OF POLICE GC CRPF GUWAHATI PIN- 781032. Page No.# 3/5 11:THE EXECUTIVE BOARD DOCUMENT VERIFICATION/ DETAILED MEDICAL EXAMINATION/ REVIEW MEDICAL EXAMINATION-CTGD EXAMINATION-2025 CENTRE-CAPFS CH BSF PATGAON GUWHATI P.O. AND P.S. AZARA DIST. KAMRUP ASSAM PIN- 781017 For the Petitioner(s) : Mr. A.A. Karim, Advocate For the Respondent(s) : Ms. S. Baruah, CGC BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 02.02.2026 Heard Mr. A.A. Karim, the learned counsel appearing on behalf of the petitioner. Ms. S. Baruah, the learned CGC appears on behalf of the respondents. 2. The petitioner herein is aggrieved by the rejection of her candidature in the recruitment process initiated vide Notice dated 05.09.2024 on the ground that she was declared unfit on account of being overweight. 3. It is pertinent to take note of that in the Detailed Medical Examination which was carried out on 19.11.2025, the petitioner’s weight was recorded as 61 Kg, whereas the Page No.# 4/5 prescribed range for her category was between 42.5 Kg and 51.75 Kg. Thereupon, the petitioner sought for a review and in the Review Medical Examination also she was found to be overweight, inasmuch as her weight was measured at 64 Kg, her height at 159.4 cm and her BMI at 25.18 Kg/m2. It was opined that the petitioner was overweight by 12.25 Kg. It is the case of the petitioner that thereupon on 26.11.2025, the petitioner got her weight measured at Kokrajhar Medical College and Hospital, Kokrajhar and it was measured as 56 Kg. The petitioner thereupon submitted a representation on 27.11.2025 and the same having not been considered the writ petition was filed on 02.12.2025. 4. It is noticed that when the matter was listed before this Court on 12.12.2025, the matter was adjourned to 16.12.2025. On 16.12.2025, when the matter was listed, the petitioner sought an accommodation for 3 (three) weeks and accordingly, the matter has been listed before this Court today. 5. It is not a matter of rocket science as regards the measurement of a person’s weight. Both the Detailed Medical Examination and the Review Medical Examination categorically held that the petitioner was overweight. Under such circumstances, this Court does not find on the basis of a Page No.# 5/5 certificate issued by the Kokrajhar Medical College and Hospital, Kokrajhar that the petitioner weight is 56 Kg, to entertain the instant writ petition. 6. This Court has also perused the contents of the writ petition and finds that there is no allegation therein that the weighing devices used both in the Detailed Medical Examination as well as in the Review Medical Examination had any fault. Under such circumstances, this Court is not inclined to entertain the instant writ petition, for which, the same stands dismissed. JUDGE Comparing Assistant