Page No.# 1/7 GAHC010198592019 2026:GAU-AS:9729 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6063/2019 PANKAJ KOCH S/O- KUHIRAM KOCH R/O- VILL. NO. 4 GORMARA P.O. AND P.S. CHARIDUAR DIST.- SONITPUR ASSAM PIN- 784103. VERSUS THE UNION OF INDIA AND 4 ORS. REP. BY THE DEFENCE SECRETARY GOVT. OF INDIA SOUTH BLOCK NEW DELHI. 2:THE DIRECTOR RECRUITMENT ARMY RECRUITMENT OFFICE SHILLONG ASSAM RECRUITMENT OFFICE (HQ) SHILLONG MEGHALAYA PIN- 900332 C/O 99 APO. 3:THE RESDIDENT MEDICAL OFFICER 155 BASE HOSPITAL SHILLONG Page No.# 2/7 MEGHALAYA PIN- 793001. 4:THE ASSISTANT RTG OFFICER RTG OFFICE (HQ) SHILLONG MEGHALAYA 793001. 5:THE COMMANDANT UNIT 33SOLMARA MILITARY STATION TEZPUR- 784501. ------------ Advocate for : MR. I ALAM Advocate for : ASSTT.S.G.I. appearing for THE UNION OF INDIA AND 4 ORS. BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 16.07.2026 Heard Mr. I. Alam, learned counsel, appearing for the petitioner. Also heard Ms. B. Sarma, learned CGC, appearing for the respondents. 2. The petitioner in the present writ petition has presented a challenge to an order dated 30.11.2018, by which he was declared to be medically unfit for recruitment against the post of Soldier [GD] for which he was selected in pursuance to a recruitment process held for the same. 3. The petitioner, herein, had appeared in a Army recruitment rally held in the month of February, 2018, at Tezpur. On clearing the physical test, the petitioner was vide admit card dated 21.02.2018, permitted to appear in the written examination. The petitioner having cleared all the stages of the selection process, the name of the petitioner came to be included in a select list published after the said recruitment Page No.# 3/7 exercise. In view of his selection, the petitioner was issued with a communication dated 31.05.2018, provisionally selecting him for the post of Soldier [GD] and was allotted at the ARTY Centre Hyderabad, for undergoing his training. In the said communication, it was stipulated that the final selection of the petitioner would be subject to his documents verification and being found to be medically and physically fit at the time of dispatch to the said training centre. As there was a delay in carrying out of the requisite documents verification and around 208 (two hundred eight) days having lapsed, the petitioner was subjected to a further medical examination. On his such re-medical examination by the Recruiting Medical Officer, the petitioner was found suffering from a disability named “VERICOCOELE LEFT” (swelling of left testicle). Thereafter, the matter was further reviewed by the Senior Recruiting Zone (North-East States), Shillong. The petitioner was thereafter, also reviewed by a Graded Specialist Surgeon at Military Hospital, Shillong. The Doctors examining the petitioner on his such re-medical examination, having found the petitioner to be suffering from the said disability, he was held to be unfit to be recruited as a Soldier in the Army and accordingly, vide a communication 30.11.2018, the candidature of the petitioner was cancelled on the ground that he was medically unfit. Being aggrieved, the petitioner has instituted the present writ petition. 4. Mr. I. Alam, learned counsel, appearing for the petitioner, after reiterating the facts, noticed, hereinabove, has submitted that the petitioner at the time of his medical examination during the recruitment rally was not detected to be suffering from any disability including the disability of “VERICOCOELE LEFT” (swelling of left testicle). He submits that on account of a delay occasioning in the matter, the petitioner was Page No.# 4/7 subjected to re-medical examination. On his such re-medical examination, the petitioner was declared to be medically unfit on account of having “VERICOCOELE LEFT” (swelling of left testicle). It is submitted that the said re-medical examination conducted on the petitioner and the reports as obtained by the Respondent Authorities had been conducted without the knowledge of the petitioner and the petitioner was not afforded with an opportunity to make a claim for being examined by a Specialized Civil Doctor. 5. Mr. I. Alam, further submits that the manner in which the petitioner was subjected to a re-medical examination and the reports as obtained in the matter by the Respondent Authorities leading to the cancellation of his candidature, the petitioner was required to be afforded an opportunity to have himself medically examined before a competent Doctor practicing in the Civil Hospital. Accordingly, he submits that this Court would be pleased to direct the Respondent Authorities to have a review medical examination of the petitioner and by incorporating in the panel of Doctors so constituted a Specialist from a Civil Hospital. 6. Per contra, Ms. B. Sarma, learned CGC, appearing for the respondents, has submitted that a lapse of more than 208 (two hundred eight) days having occasioned since the date of the medical examination of the petitioner during his recruitment rally, the petitioner was mandated to be subjected to a further review medical examination in terms of the directives operating in this connection. It is submitted that the petitioner on being examined by the Recruiting Medical Officer, the petitioner was found to be suffering from “VERICOCOELE LEFT” (swelling of left testicle). The petitioner accordingly, was thereafter, forwarded to the Graded Specialist Surgery at Military Hospital, Shillong, for a further examination by a Specialist Doctor. The petitioner on Page No.# 5/7 being examined by the Specialist Doctor at the Graded Specialist Surgery at Military Hospital, Shillong, it was affirmed that the petitioner suffered from “VERICOCOELE LEFT” (swelling of left testicle) and accordingly, the petitioner was held to be unfit for recruitment to the Force. She submits that the said aspect of the matter was duly communicated to the petitioner vide a communication dated 30.11.2018. 7. Ms. B. Sarma, learned CGC, submits that the disability detected in respect of the petitioner would have the effect of hindering the completion by him of his training programme and accordingly, the petitioner was found to be unfit for recruitment to the Force. She submits that the opinion submitted by the Specialist Doctor of the respondents, would require to be affirmed, inasmuch as, only persons fit in all respects would be mandated to be recruited to the Force. Accordingly, she submits that the rejection of the candidature of the petitioner would not mandate an interference from this Court. 8. I have heard the learned counsel for the parties and also perused the materials brought on record. 9. The petitioner initially, during the recruitment rally on medical examination, was found to be medically fit. However, on completion of the recruitment process and the petitioner having been placed in the merit list, the petitioner now being required to be deputed for undergoing training, a letter in connection was issued to him on 31.05.2018. In the said letter, it was stipulated that he would be deputed for undergoing the training subject to verification of his documents and he being found to be physically fit at the time of his dispatch to the training centre. A period of 208 (two Page No.# 6/7 hundred eight) days having lapsed since the petitioner was medically examined during the recruitment rally and the date on which the petitioner had appeared before the Respondent Authorities, in pursuance to the communication dated 31.05.2018, for being dispatched to the training centre, the petitioner was subjected to a review medical examination. The Recruiting Medical Officer, on examining the petitioner, found that the petitioner was suffering from “VERICOCOELE LEFT” (swelling of left testicle). Accordingly, the Recruitment Officer had referred the petitioner to Graded Specialist Surgery at Military Hospital, Shillong. The petitioner was examined in the said Hospital by a Specialist and it was affirmed that the petitioner was infact suffering from “VERICOCOELE LEFT” (swelling of left testicle). Accordingly, the Specialist Doctor examining the petitioner opined the petitioner to be unfit for recruitment to the Force. 10. The said opinion having been received by the Respondent Authorities, the Force authority issued a communication dated 30.11.2018, to the petitioner cancelling his candidature on being found to be medically unfit on his medical re-examination. While the petitioner has assailed the cancellation of his candidature effected vide the communication dated 30.11.2018, which is based on the opinion rendered in the matter by the Doctors examining him during his re-medical examination, the petitioner had not brought on record any material to demonstrate that at the relevant point of time, he was not suffering from any disability including the disability identified by the Doctors examining him during his medical re-examination. In the appeal submitted by the petitioner against the communication dated 30.11.2018, the petitioner had also not highlighted the fact that the petitioner was not suffering from “VERICOCOELE LEFT” (swelling of left testicle). The Respondent Authorities having found the petitioner to be Page No.# 7/7 not fit for recruitment to the Force on account of suffering from “VERICOCOELE LEFT” (swelling of left testicle), this Court would not sit on appeal over such opinion rendered by a Specialist in the matter in absence of any material being brought on record by the petitioner to dispute the said opinion rendered in his case by the Doctors examining him during his medical re-examination. 11. It is a settled position of law that it is only a person found fully fit, who would be eligible to be recruited to the Army, and in the event, any candidate is found to be medically unfit, it is not for this Court to sit on appeal and substitute its views, in place of the opinion rendered in the matter by the Specialist of the Army, more so in absence of any material brought on record by the petitioner to dispute such view taken by a Specialist Doctor of the Army. It is also a settled position of law that the decision taken in a re-medical examination of candidate by a competent authority of the Army should be treated as final. 12. Accordingly, the cancellation of the candidature of the petitioner being on account of the disability suffered by the petitioner which was detected during his medical re-examination, this Court is of the considered view that the communication dated 30.11.2018, would not mandate an interference from this Court. 13. Accordingly, the claim made by the petitioner in the present writ petition is held to be devoid of any merit and the same consequently stands dismissed. However, there would be no order as to costs. JUDGE Comparing Assistant