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2026 DAILYLAW 48578 (CAL)

The Director General Border Security Force and anr v. Prosanta Bag and Ors

MAT/1211/2026 · 2026-10-08

Partha Pratim Roy, Tapabrata Chakraborty

body2026

Judgment text

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08.10.2026 rpan/11 MAT 1211 of 2026 + IA No.: CAN 2 of 2026 [Stay] The Director General Border Security Force (BSF) & Another – Versus – Prosanta Bag & Others Mr. Ram Chandra Agarwal, Mr. Tapan Bhanja, Mr. Gourab Karmakar … for the Appellants. Ms. Juin Dutta (Chakraborty), Mr. Debasish Kundu, Ms. Doyel Dey, Mr. Sudeepto Kr. Basu, … for the Respondent no.1. The present appeal has been preferred by the respondent nos.4 and 6 in the writ petition/appellants herein challenging the judgment dated 29th January, 2026 passed by the learned single Judge in a writ petition, being WPA 28703 of 2025 which was preferred by the writ petitioner/respondent no1 herein, namely, Prosanta Bag (in short, Prosanta) challenging inter alia the order dated 28th November, 2025 passed by the Detailed Medical Examination Board (in short, DME) and the order dated 2nd December, 2025 passed by the Review Medical Examination Board (in short, RME). By the judgment impugned, the learned single Judge exercised discretion in favour of Prosanta observing inter alia that alopecia over scalp was not described as a ‘chronic disease’ as detailed in Clause 6(1) of the Revised Medical Guidelines of May, 2015 (in short, the said Guidelines). Mr. Agarwal, learned advocate appearing for the appellants strenuously argues that any indication of a chronic disease constitutes a valid and independent ground for rejection. The assessment as to whether a particular condition falls within the ambit of ‘chronic disease’ lies within the domain of the duly constituted expert medical board. Such opinion of an expert body ought not to have been interfered with by the learned single Judge, moreso when, recruitment to the Central Armed Police Forces is governed not only by the parameters of functional medical fitness but also by the standards of uniformity, appearance and overall bearing which are integral to discipline, cohesion, operational efficiency and effective functioning of a disciplined armed force. He further contends that there had been a concurrent medical opinion by the DME as well as by the RME to the effect that Prosanta was unfit for alopecia vertex of scalp. Such opinion clearly comes within the purview of the general grounds for rejection in the said Guidelines and such opinion could not have been substituted by the learned single Judge. 2 Ms. Chakraborty, learned advocate appearing for Prosanta denies and disputes the contention of Mr. Agarwal and submits that ‘scarring alopecia’ is not a chronic decease, as would be explicit from the said Guidelines, particularly, clause 6 (1) of the same. She contends that the opinion of the RME was not supported with an appropriate opinion of a competent dermatologist and the final decision ought not to have been taken by the RME, placing reliance upon a mere statement made by the Medical Officer of the Barasat Medical College and Hospital incorporating the terms ‘Scaring Alopecia’ in the purported report dated 1st December, 2025. We have heard the learned advocates appearing for the respective parties and considered the materials on record. The contention of the appellants that scarring alopecia is a chronic disease, in our opinion, has been rightly discounted by the learned single Judge quoting the provisions of clause 6(1) of the said Guidelines. The argument of Mr. Agarwal that scarring alopecia is an indication of a chronic disease is also not supported by the contents of the said Guidelines. The scope of judicial review is very narrow and limited and such jurisdiction should be exercised 3 sparingly. The discretion exercised by the learned single Judge should not be lightly interfered with. Upon dealing with the factual issues, the learned single Judge arrived at a specific findings and we do not find any error in the same, warranting interference in the present appeal. Accordingly, the appeal and the connected application are dismissed. There shall, however, be no order as to costs. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all necessary formalities. (Partha Pratim Roy, J.) (Tapabrata Chakraborty, J.) 4