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2026 DAILYLAW 1984 (GAU)

RAHUL CHOUHAN v. THE UNION OF INDIA AND 5 ORS

WP(C)/441/2026 · 2026-01-29

Devashis Baruah

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/5 GAHC010010002026 2026:GAU-AS:1168 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/441/2026 RAHUL CHOUHAN S/O SHRIKRISHNA CHOUHAN, R/O VILL SANTIPUR, P.O. MOHANPUR, P.S. UDALGURI, DIST. UDALGURI, ASSAM, PIN 784509, ROLL NO 5105036628 VERSUS THE UNION OF INDIA AND 5 ORS REPRESENTED BY THE SECRETARY OF THE MINISTRY OF HOME AFFAIRS, GOVT OF INDIA, NEW DELHI 1 2:THE STAFF SELECTION COMMISSION REPRESENTED BY THE CHAIRMAN BLOCK NO 12 CGO COMPLEX LODHI ROAD NEW DELHI 03 3:THE DIRECTOR GENERAL BORDER SECURITY FORCE BLOCK NO 10 CGO COMPLEX LODHI ROAD NEW DELHI 03 4:THE INSPECTOR GENERAL BSF GUWAHATI FRONTIER PATGAON ASSAM GHY 17 5:THE REVIEW MEDICAL EXAMINATION BOARD -I CT/GD RECRUITMENT EXAMINATION 2025 COMPOSITE HOSPITAL BSF PATGAON Page No.# 2/5 ASSAM GHY 17 6:THE DETAILED MEDICAL EXAMINATION BOARD CT/GD RECRUITMENT EXAMINATION 2025 COMPOSITE HOSPITAL BSF PATGAON ASSAM GHY 1 B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH Advocates for the petitioner(s) : Mr. HR Ahmed Advocates for the respondent(s) : Ms. R Devi, CGC Date on which Judgment is reserved: NA Date of Pronouncement of Judgment : 30.01.2026 Whether the Pronouncement is of the : NA Operative Part of the Judgment Whether the Full Judgment has been : Yes Pronounced JUDGMENT & ORDER(ORAL) Heard Mr. HR Ahmed, the learned counsel appearing on behalf of the petitioner and Mrs. R. Devi, the learned CGC, who appears on behalf of the respondent Nos. 1 to 6. 2. The present writ proceeding is filed challenging the opinion rendered in the Review Medical Examination Board-I Report of the Page No.# 3/5 Presiding Officer, RME Board-1, RME-CT(GD)Exam-2025, Centre- CAPFs CH BSF, Patgaon, Guwahati, 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 the 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 03.12.2025 concluded that the petitioner was unfit on the ground that the petitioner had Pectus Excavatum. 4. It is the further case of the petitioner that after the opinion rendered that the petitioner was unfit on account of Pectus Excavatum, the petitioner approached the Gauhati Medical College and Hospital and the Professor of Radiology, Medical College and Hospital had given an opinion on 06.12.2025 that no radiological features of pectus excavatum noted (Haller Index=2.5). It was also opined that the HRCT reveals no insignificant abnormality. Pursuant thereto, the petitioner had submitted a representation dated 08.01.2026 before the respondent authorities, through registered Page No.# 4/5 post. However, the said representation has not been considered till date. 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 approached the Respondent Authorities by submitting a representation dated 08.01.2026 which has not been considered till date and it is under such circumstances, the petitioner has 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 fresh representation along with the necessary documents before the Page No.# 5/5 Review Medical Board of the Respondent Authorities and the Review Medical 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). The petitioner is given the liberty to submit a fresh 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. (ii). In the circumstance, a fresh 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