Calcutta High Court (Appellete Side)
Do Kunal Ghosh vs Union Of India & Ors on 9 February, 2026
Author: Saugata Bhattacharyya
Bench: Saugata Bhattacharyya
W.P.A. 28753 of 2025
09 09.02.2026
Ct.02
rkd
DO Kunal Ghosh
-vs-
Union of India & Ors.
Mr. Debasish Kundu,
Mr. Bidan Modak,
Ms. Arpita Kundu
....for the petitioner.
Mr. Jasojeet Mukherjee
....for the Union of India.
1. In terms of the order dated 6th January, 2026 a
report signed by DIG (Commandant) on behalf of
the IG FTR HQ BSF, South Bengal is filed today
and same is taken on record.
2. Petitioner participated in the selection process for
being appointed as Constable (GD) under Central
Armed Police Forces (CAPFs).
3. In Review Medical Examination conducted on 29th
November, 2025 petitioner was declared unfit due
to Pigmented Nevus and petitioner was unable to
sit in squatting position.
4. On abnormality of skin as it was reported in
Review Medical Examination i.e. Pigmented Nevus
nothing is explained in the report filed today and
how Clause XII (B)(8) of Guidelines for Recruitment
Medical Examination in Central Armed Police
Forces and Assam Rifles of May, 2015 (for short
'Revised Guidelines') is applicable in case of
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petitioner due to presence of Pigmented Nevus as
found during Review Medical Examination.
5. Clause XII (B)(8) of Revised Guidelines is quoted
below:
"8. Congenital or acquired anomalies
of the skin such as nevi or vascular
tumors that interfere with function, or
are exposed to constant irritation are
disqualifying. History of Dysplastic
Nevus Syndrome is disqualifying."
6. Nothing is stated in the report that Pigmented
Nevus as present on part of body of the petitioner
is of such nature which interferes with function, or
is exposed to constant irritation. Therefore, it can
be concluded in respect of petitioner Clause XII (B)
(8) of Revised Guidelines is not applicable.
7. Second ground of declaring petitioner unfit was
inability of the petitioner to sit in squatting
position. In respect of such inability as pointed out
in Review Medical Examination Report authority
could not demonstrate how Clause XI (2)(viii)(D)(a)
of Revised Guidelines is applicable.
8. For better understanding Clause XI (2)(viii)(D)(a) is
quoted below:
"(a) Presence of deformities, disease,
or chronic joint pain of pelvic region,
thigh, lower leg, ankle and/or foot that
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have interfered with function to such a
degree as to prevent the individual
from following a physically active
vocation in civilian life, or that would
interfere with walking, running,
weight bearing, or the satisfactory
completion of training or combatised
duty, are disqualifying."
9. It is also not demonstrated on what basis
concerned respondent authority came to a finding
inability of the petitioner to sit in squatting position interfered with function to such a degree as to prevent the individual from following a physically active vocation in civilian life, or that would interfere with walking, running, weight bearing, or the satisfactory completion of training or combatised duty.
10. On perusal of the report filed today it transpires that no definite medical finding was made based on inability of the petitioner to sit in squatting position as a result whereof it was averred in paragraph 3 such inability was likely due to weakness of thigh muscles of quadriceps and hamstring muscles of both legs which will interfere with the petitioner to perform demanding duties like running, jumping or maintaining stable postures during tactical operations. 4
11. On the contrary, it appears from the writ petition as well as report filed today that the concerned respondent authority took expert medical opinion from a doctor of College of Medicine & JNM Hospital, Kalyani, Nadia for which petitioner was referred to JNM Hospital on the date of Review Medical Examination i.e. 29th November, 2025.
12. Opinion of the medical expert of JNM Hospital is at page 25 of the writ petition dated 29 th November, 2025 and such opinion is not adverse to the fitness of the petitioner.
13. In view of aforesaid conspectus, concerned respondent authorities are directed to treat the petitioner fit candidate and appoint him as Constable (GD) under Central Armed Police Forces (CAPFs) by eight weeks from the date of communication of this order, if petitioner is otherwise eligible.
14. Writ petition stands disposed of.
15. There shall be no order as to costs.
16. Urgent photostat certified copy of this order, if applied for, be given to the learned Advocates for the parties on the usual undertakings.
(Saugata Bhattacharyya, J.)