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2026 DAILYLAW 1869 (GAU)

SRI PRITAM NEWAR v. THE UNION OF INDIA

WP(C)/295/2026 · 2026-01-27

Devashis Baruah

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/6 GAHC010286062025 2026:GAU-AS:965 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/295/2026 SRI PRITAM NEWAR SON OF SHRI JIT BAHADUR NEWAR, RESIDENT OF- NO. 4 BORIGAON, POST OFFICE KHOWRANG, POLICE STATION- UDALGURI, IN THE DISTRICT OF UDALGURI, PIN-784509, ASSAM. VERSUS THE UNION OF INDIA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS, NEW DELHI-110001. 2:STAFF SELECTION COMMISSION THROUGH ITS SECRETARY BLOCK NO. 12 CGO COMPLEX LODHI ROAD NEW DELHI110003. 3:THE REGIONAL DIRECTOR R NER STAFF SELECTION COMMISSION HOUSEFED COMPLEX WEST END BLOCK LAST GATE BELTOLA BASISTHA ROAD GUWAHATI 781028 ASSAM. 4:THE PRESIDING OFFICER Page No.# 2/6 ASSAM RIFLES TRAINING CENTRE AND SCHOOL SUKHOVI DIMAPUR CENTRE NAGALAND CONDUCT OF PST/PET OF COMBINED REST RALLY FOR CONSTABLE GD IN CAPFS AND RIFLEMAN GD IN AR 2025. 5:THE PRESIDING OFFICER SECOND-IN-COMMAND P.O. BOARD NO. 05 DV DME RTC SSB SALONIBARI. 6:THE PRESIDING OFFICER REVIEW MEDICAL EXAMINATION BOARD COMDT. MED ADDL RME RECRUIT TRAINING CENTRE SSB SALONIBARI 7:THE DIRECTOR GENERAL CENTRAL INDUSTRIAL SECURITY FORCE BLOCK NO.13 C.G.O COMPLEX LODHI ROAD NEW DELHI-110003. 8:THE DIRECTOR GENERAL BORDER SECURITY FORCE BLOCK NO.10 CGO COMPLEX LODHI ROAD NEW DELHI-110003. 9:THE DIRECTOR GENERAL SASHASTRA SEEMA BAL FORCE HEADQUARTERS EAST BLOCK-V R. K. PURAM NEW DELHI-110066 10:THE DIRECTOR GENERAL ASSAM RIFLES SHILLONG MEGHALAYA-793011 11:THE DIRECTOR GENERAL CENTRAL RESERVE POLICE FORCE BLOCK NO.1 Page No.# 3/6 C.G.O. COMPLEX LODHI ROAD NEW DELHI-110003. 12:THE DIRECTOR GENERAL INDO TIBETAN BORDER POLICE BLOCK NO.2 C.G.O. COMPLEX LODHI ROAD NEW DELHI-110003. 13:THE DIRECTOR GENERAL NARCOTICS CONTROL BUREAU WEST BLOCK NO. 1 WING NO. V R.K.PURAM NEW DELHI DELHI-110066. 14:THE DIRECTOR GENERAL SECRETARIAT SECURITY FORCE NDCC-II BUILDING JAI SINGH ROAD NEW DELHI-110001 BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH For the Petitioner(s) : Mr. S. Deka, Advocate For the Respondent(s) : Mrs. R. Devi, CGC · Date on which Judgment was reserved : N/A · Date of Pronouncement of Judgment : 28.01.2026 · Whether the pronouncement is of the Operative Part of the Judgment : No · Whether the full Judgment has been Pronounced : Yes Page No.# 4/6 JUDGMENT AND ORDER (ORAL) Heard Mr. S. Deka, the learned counsel appearing on behalf of the petitioner and Mrs. R. Devi, the learned CGC, who appears on behalf of the respondents. 2. The present writ proceeding is filed challenging the opinion rendered in the Review Medical Examination Report of the Addl. RME, RTC SSB Salonibari wherein it was opined that the petitioner is unfit. 3. The materials on record show that in pursuance to a notice issued for recruitment of Constable (GD) in the Central Armed Police Forces (CAPFs) and SSF, Rifleman (GD) in Assam Rifles, and Sepoy in Narcotics Control Bureau Examination-2025, the petitioner participated in the said recruitment process. While carrying out the medical examination, it was found that the petitioner was not fit for appointment as a Constable (GD). The petitioner thereupon requested for a review. The Review Medical Board by the opinion rendered on 25.11.2025 concluded that the petitioner was unfit on the ground of Situs Inversus Totalia. 4. It is the further case of the petitioner that the petitioner thereupon carried out certain examination at the Gauhati Medical College and Hospital, Guwahati and it is the case of the petitioner that although the Echocardiography report dated 11.12.2025 issued by Page No.# 5/6 the Department of Cardiology of the said Medical College and Hospital revealed Situs Inversus, Dextrocardia and (N) LVEF however, it was opined that the petitioner was fit from their side at present. The said opinion was given on 11.12.2025. It is under such circumstances, the petitioner has approached this Court. 5. This Court has duly heard the learned counsels appearing on behalf of the parties and has also perused the materials on record. 6. This Court also has taken note of that the petitioner upon obtaining the medical opinion from the Gauhati Medical College and Hospital, Guwahati had not approached the Respondent Authorities by submitting a representation and had directly approached this Court. 7. This Court in exercise of the powers conferred under Article 226 of the Constitution of India cannot sit on appeal and, more particularly, in respect to varied medical opinions rendered by the Review Medical Board of the Respondent Authorities as well as the Gauhati Medical College and Hospital, Guwahati. 8. Under such circumstances, it is not a fit case for entertaining the writ petition. 9. Be that as it may, the petitioner is always at liberty to submit a representation along with the necessary documents before the Review Medical Board of the Respondent Authorities and the Review Medical Page No.# 6/6 Board on the basis thereof can very well look into the same. 10. Accordingly the instant writ petition stands disposed of with the following observations and directions: (i). In the present facts and circumstances of the case as observed above, this Court is not inclined to entertain the instant writ petition. (ii). The non-entertaining of the writ petition shall not preclude the petitioner to submit a representation before the Review Medical Board of the respondents seeking a re-consideration on the basis of the medical opinions available with the petitioner as discussed above. (iii). In the circumstance, any representation is submitted within 10 (ten) days from today, the Review Medical Board of the respondents shall look into the same and do the needful in accordance with their guidelines within a period of 60 (sixty) days from the date of receipt of the representation. JUDGE Comparing Assistant Digitally signed by Satyam Sharma Date: 2026.01.29 18:19:49 +05'30'