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2026 DAILYLAW 7675 (CAL)

MOHIT SHAW v. UNION OF INDIA AND ORS.

WPA/28564/2024 · 2026-04-10

Amrita Sinha

body2026

Judgment text

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S/L 7 10.04.2026 Court No.18 SD IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION WPA 28564 of 2024 Mohit Shaw Vs. Union of India & Ors. Mr. Debasish Kundu Ms. Juin Dutta Chakraborty Mr. Bidan Modak Mr. Sudeepto Kumar Basu … for the Petitioner. Mr. Ram Chandra Agarwal Mr. Tapan Bhanja Ms. Atmaja Bandyopadhyay Mr. Anindya Bhattacharya Mr. Sourav Pal … for the Union of India. 1. The petitioner participated for recruitment as Constable-GD in Central Armed Police Forces. 2. He has been declared medically unfit by the Detailed Medical Examination Board due to B/L Cubitus Valgus. 3. The Review Medical Board affirmed the finding of the Detailed Medical Examination Board and declared the petitioner medically unfit due to Cubitus Valgus deformity. 4. Thereafter the petitioner got himself medically examined in State Government hospital and obtained a fit certificate in his favour. 5. 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. 2 6. Prayer has been made to reevaluate and reexamine the physical fitness of the petitioner by an independent medical board. 7. Submission of the petitioner is opposed by the learned advocate representing the respondents. 8. As per the Recruitment Rules, the decision of the Review Medical Board is final and no appeal can be entertained. 9. As it appears that the expert doctors of the recruiting authority detected the aforementioned defect in the petitioner in the recruitment examination conducted in the year 2024 which is a ground for disqualification of candidature, accordingly, the Court is not inclined to interfere with the said findings. 10. As the petitioner participated for recruitment in the Central Armed Police Forces, 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. 11. 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. 12. Moreover, the recruitment process of the year 2024 is long over and, accordingly, the same ought not to be directed to be reopened all over again. 3 13. 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. 14. Parties to act on the basis of the server copy of this order duly downloaded from the official website of this Court. 15. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities. (Amrita Sinha, J.)