Gauhati High Court

Ambiguous medical findings lacking definitive fitness opinions warrant re-examination by the Review Medical Board.

Sri Dilwar Hussain vs The Union Of India And Othrs

Gauhati High CourtJUDGMENT: May 14, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioner applied for the post of Constable (GD) in the CAPFs and other services pursuant to an advertisement dated 05.09.2024. He successfully cleared the Computer Based Test and Physical Efficiency/Standard Tests

Source reference: p. 3

However, during the Detailed Medical Examination (DME), he was declared unfit due to "(i) Left Shoulder lower than right and (ii) Left shoulder griddle asymmetry"

Source reference: p. 3

He was subsequently referred to Silchar Medical College and Hospital (SMCH), which noted a "Right Scapula at higher level" but found "muscle power normal" and an X-ray report showing normal bony outlines and joint spaces

Source reference: p. 3-4

Despite these findings, the Review Medical Examination (RME) sustained the DME's rejection. The petitioner challenged the lack of a definitive fitness conclusion by SMCH despite seemingly normal X-ray results

Source reference: p. 4
02

Issues

1. Whether the rejection by the RME was sustainable given the absence of a definitive fitness opinion from the specialist referral hospital (SMCH) despite normal radiological findings

Source reference: p. 4

2. Whether the petitioner is entitled to a fresh medical re-examination by the Review Medical Board considering the existing medical records

Source reference: p. 4
03

Law Applied

The Court applied the principles of judicial review over administrative/medical board decisions in recruitment, emphasizing the necessity for clarity in medical opinions when a candidate’s clinical findings (normal X-ray and muscle power) appear to conflict with a declaration of "unfit"

Source reference: p. 4

The Court exercised its discretionary power under Article 226 of the Constitution to ensure that the recruitment process is fair and that medical assessments are comprehensive and conclusive

Source reference: p. 4
04

Reasoning

The Court observed a discrepancy between the clinical findings and the final rejection. While the DME and RME found the petitioner unfit due to shoulder asymmetry, the specialist referral at SMCH provided an X-ray report indicating that bony outlines, density, and joint spaces appeared normal

Source reference: p. 3

The Court noted that SMCH failed to render a categorical opinion on whether these anatomical variations actually rendered the petitioner "unfit" for employment under the CAPF

Source reference: p. 3-4

Because the X-ray report did not reflect any functional infirmity or pathology, the Court reasoned that the petitioner deserved a renewed consideration where the medical board must specifically reconcile the normal radiological and muscle power findings with the physical asymmetry

Source reference: p. 4
05

Holding

The Court disposed of the writ petition by permitting the petitioner to submit a representation to the Respondent No. 5 (RME Board) within 10 days

The Court directed the Review Medical Board to re-examine the petitioner within 60 days of receipt of the representation, taking into account all previous medical records and the SMCH Orthopedic Department report. The Court held that if the petitioner is found suitable upon re-examination, consequential orders for selection and appointment must be issued

Source reference: p. 4
Gauhati High Court

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Sri Dilwar HussainvsThe Union Of India And Othrs

Gauhati High Court · May 14, 2026

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