Kerala High Court
Ranjith Mm vs Union Of India on 17 March, 2026
Author: N.Nagaresh
Bench: N.Nagaresh
2026:KER:24085
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 17TH DAY OF MARCH 2026 / 26TH PHALGUNA, 1947
WP(C) NO. 47594 OF 2025
PETITIONER:
RANJITH MM
AGED 22 YEARS, S/O. LATE MURALIDAS,
METTIL HOUSE, KARUMANAMKURUSSI P.O.,
OTTAPPALAM, CHERUPULASHERRY,
PALAKKAD, PIN - 679504.
BY ADVS.
SRI.N.ANAND
SRI.RAJESH O.N.
SRI.AMEER SALIM
SRI.SADIQ NAZAR
RESPONDENTS:
1 UNION OF INDIA
MINISTRY OF HOME KARTAVYA BHAVAN, 03,
JANPATH, NEW DELHI REPRESENTED BY
ITS SECRETARY, PIN - 110001.
2 GOVERNMENT OF INDIA
MINISTRY OF PERSONNEL PUBLIC GRIEVANCES AND
PENSIONS DEPARTMENT OF PERSONNEL AND TRAINING,
STAFF SELECTION COMMISSION BLOCK NO.12, CGO
COMPLEX, LODHI ROAD, NEW DELHI, PIN - 110003.
W.P.(C)No.47594 of 2025
:2:
2026:KER:24085
3 PRESIDING OFFICER
PET/PST BOARD RECRUITMENT OF CT (GD) IN CAPFS,
SSF & RIFLEMAN (GD) IN ASSAM RIFLES EXAM -2025
PALLIPURAM CENTRE, THIRUVANANTHAPURAM,
PIN - 695316.
ADDL.R4 PET/PST BOARD,
RECRUITMENT OF CT(GD) IN CAPFS, SSF AND
RIFLEMAN (GD) IN ASSAM RIFLE EXAMINATION,
2025, PALLIPPURAM CENTRE, THIRUVANANTHAPURAM -
695316, REPRESENTED BY ITS PRESIDING OFFICER.
ADDL.R5 REVIEW MEDICAL EXAMINATION BOARD,
CT/GD SSC-2025, PALLIPURAM, THIRUVANANTHAPURAM
CENTRE, THIRUVANANTHAPURAM - 695316,
REPRESENTED BY ITS PRESIDING OFFICER
[ADDITIONAL RESPONDENTS 4 AND 5 ARE IMPLEADED
AS PER ORDER DATED 09.01.2026 IN I.A. 1/2026
IN WP(C) 47594/2025]
ADDL.R6 BORDER SECURITY FORCE (BSF),
DIRECTORATE GENERAL, BSF BLOCK NO.10, CGO
COMPLEX LODHI ROAD, NEW DELHI - 110003,
REPRESENTED BY ITS DIRECTORATE GENERAL
[ADDITIONAL 6TH RESPONDENT IS IMPLEADED AS PER
ORDER DATED 09.01.2026 IN I.A.2/2026 IN WP(C)
47594/2025]
BY ADV.SMT. O.M.SHALINA,
DEPUTY SOLICITOR GENERAL OF INDIA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 17.03.2026, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C)No.47594 of 2025
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JUDGMENT
Dated this the 17th day of March, 2026 The petitioner, who applied for the post of Constable in the Central Armed Police Forces (CAPF), has approached this Court seeking to quash Exts.P8 and P9 and to direct the respondents to include the petitioner in the selection process for appointment as Constable (GD) in CAPFs, SSF, Rifleman (GD) in Assam Rifles and Sepoy in Narcotics Control Bureau Examination, 2025.
2. The petitioner states that he belongs to OBC Community and responded to the notification for appointment to the post of Constable. The petitioner participated in the selection process. The petitioner was successful in other examinations. The petitioner cleared physical test, as is evident from Ext.P7. W.P.(C)No.47594 of 2025 :4:
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3. However, during the medical examination, the Board found that there is Scrotal Swelling (Right) along stitches present (freshly operated). The petitioner was subjected to Review Medical Examination. The Review Medical Examination also found that there is Scrotal Swelling (Right) along with stitches present (freshly operated). The petitioner has, therefore, been ousted from the recruitment process.
4. The petitioner would submit that Clause 5(o) of Ext.P1 guidelines would show that the candidate should have no inguinal, scrotal swelling. Ext.P1 also indicate that for the defect for which the candidate has been declared unfit should be examined thoroughly and the findings must be got supported by proper investigation reports, if applicable.
5. The petitioner submits that Ext.P1 guidelines have been revised as per Ext.P2 revised uniform W.P.(C)No.47594 of 2025 :5: 2026:KER:24085 guidelines. Clause 6(c) of Ext.P2 guidelines would indicate that the defect for which candidate has been declared unfit should be examined thoroughly and the findings must be supported by proper investigation reports, if applicable. In the cases of rejection in review medical examination, clinical findings should be corroborated with confirmatory tests/investigations/opinion of specialists/super specialists of Government Hospitals/Medical Colleges/Government approved Private Medical Centers, whichever and wherever applicable.
6. The petitioner also pointed out that Clause 8 of Ext.P2 guidelines indicate that in review medical examination, candidates are subjected to require concerned investigations wherever and whenever applicable and rejection merely on clinical findings is to be avoided.
7. The petitioner argued that what has been done on the body of the petitioner is only an excision and it W.P.(C)No.47594 of 2025 :6: 2026:KER:24085 cannot be treated as a surgery so as to disqualify the petitioner from the selection. The petitioner further pointed out that 65 is the cut of mark prescribed in the examination and the petitioner has scored a high mark of 80. The petitioner is therefore entitled and eligible for recruitment. The respondents have acted illegally and excess of the powers conferred on them. The guidelines relied on by the respondents will not justify their action.
8. Deputy Solicitor General of India entered appearance on behalf of respondents 1 to 3 and the additional 6th respondent and resisted the writ petition. On behalf of the respondents, it is pointed out that pursuant to the petitioner's consent, he underwent Review Medical Examination on 22.11.2025 before a duly constituted Medical Officers' Board. After a thorough clinical examination, the Medical Officers of RME Board noticed that stitches were intact on the scrotum and there were W.P.(C)No.47594 of 2025 :7: 2026:KER:24085 signs of inflammation during the Review Medical Examination. The petitioner has also submitted a copy of the diagnosis report of the institute confirming that he underwent excision of "Epididymal Cyst" on 15.10.2025.
9. DSGI pointed out that as per Clause 11(4) of the order dated 20.05.2015, "Abdominal/pelvic surgeries involving opening of peritoneum, repairs of Herniae, varicocele surgeries, surgery for fistula-in-ano etc.", should not have been done within six months of the recruitment. The petitioner's surgery is in the abdominal/pelvic area, admittedly done within six months before the recruitment. The petitioner himself has admitted in the writ petition that what is done on his body is a surgery. The writ petition is therefore without any merit and it is liable to be dismissed.
10. I have heard the learned Counsel for the petitioner and the learned DSGI representing respondents 1 to 3 and the additional 6th respondent. W.P.(C)No.47594 of 2025 :8:
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11. The candidature of the petitioner stands rejected on the basis of medical examination. Ext.P8 is the report of the medical examination conducted. Ext.P8 indicates that "Scrotal Swelling (Right) along with stitches present (freshly operated). The report of the Review Medical Examination, which is produced as Ext.P9, also indicate that there was Scrotal Swelling (Right). The findings of the RME Board is "stitches intact on scrotum and signs of inflammation present". As per documents provided by DSGI, excision done for Epididymal Cyst on 15.10.2025. These facts are not in dispute. The contention of the petitioner is that what is conducted on his body is not a surgery, it is only an incision.
12. The petitioner argues that surgery as understood in commonsense means, a medical specialty that uses manual and instrumental techniques to diagnose or treat pathological condition. The petitioner has underwent W.P.(C)No.47594 of 2025 :9: 2026:KER:24085 excision and not surgery. The guidelines only prohibits surgery and not excision.
13. It may be noted that in Ext.R1(b) Guidelines for Recruitment Medical Examination in Central Armed Police Forces and Assam Rifles, it is specially provided that direction for post-operative cases (duration of fitness), abdominal/pelvic surgeries involving opening of peritoneum, repairs of Herniae, varicocele surgeries, surgery for fistula-in-ano etc is 6 months. Admittedly, there should not be any of such surgeries in abdominal/pelvic area for six months preceding the recruitment. In the case of the petitioner, an operative procedure was adopted and an incision was made.
14. The contention of the petitioner is that scrotum is not in abdominal or pelvic area and it is beyond. This Court will not be justified in sitting in appeal over the findings of an expert medical board in this regard. Language W.P.(C)No.47594 of 2025 :10: 2026:KER:24085 of Clause 4 would indicate that any surgeries involving opening of peritoneum, repairs of Herniae, varicocele surgery etc., in the area, would disqualify the candidates from selection for recruitment.
15. Going through Ext.R1(b) guidelines, I am of the view that the rejection of the petitioner's candidature on the basis of medical examination and Review Medical Examination is justified.
The writ petition is without merit and it is hence dismissed.
Sd/-
N. NAGARESH JUDGE ams W.P.(C)No.47594 of 2025 :11: 2026:KER:24085 APPENDIX OF WP(C) NO. 47594 OF 2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE RELEVANT PORTION OF THE OM DATED 20.05.2015 IN NO.
A.VI-1/2014-RECTT(SSB) ISSUED BY
RESPONDENT NO.1
Exhibit P2 A TRUE COPY OF THE RELEVANT PORTION
OF THE OM DATED 31.05.2021 IN NO.
F.NO. - E.32012/ADG(MED)/DME&RME/DA- 1/2020 (PARTT FILE)/1166 ISSUED BY RESPONDENT NO.1 Exhibit P3 A TRUE COPY OF THE RELEVANT PORTION OF THE NOTIFICATION DATED 24.11.2023 ISSUED BY RESPONDENT NO.1 IN NO. F. NO. PPI03/17/2023-PP_1.
Exhibit P4 A TRUE COPY OF THE RESULT OF PHYSICAL STANDARD TEST AND PHYSICAL EFFICIENCY TEST OF THE PETITIONER FOR CONSTABLE (GD) OF CT/GD EXAM 2024 Exhibit P5 A TRUE COPY OF THE MEMORANDUM DATED 10.10.2024 ISSUED BY THE MEDICAL OFFICER (DME) Exhibit P6 A TRUE COPY OF THE REVIEW MEDICAL EXAMINATION REPORT DATED 14.10.2024 FOR CONSTABLE (GD) EXAM - 2024 Exhibit P7 A TRUE COPY OF THE PHYSICAL EFFICIENCY TEST AND PHYSICAL STANDARD TEST OF THE PETITIONER FOR THE YEAR 2025 DATED 26.08.2025 Exhibit P8 A TRUE COPY OF THE MEMORANDUM UNFIT DATED 21.11.2025 ISSUED TO PETITIONER Exhibit P9 A TRUE COPY OF THE REVIEW MEDICAL EXAMINATION REPORT DATED 22.11.2025 Exhibit P10 A TRUE COPY OF THE MEDICAL CERTIFICATE DATED 24.11.2025 ISSUED BY THE DR. S.P. RAJAN, TK DAS INSTITUTE OF MEDICAL SCIENCES W.P.(C)No.47594 of 2025 :12: 2026:KER:24085 Exhibit P11 TRUE COPY OF THE RELEVANT PORTIONS OF GREY'S ANATOMY - SECOND SOUTH ASIA EDITION RESPONDENT ANNEXURES Annexure R1(a) A TRUE COPY OF THE DME REPORT OF THE PETITIONER DATED 22.11.2025 Annexure R1(b) A TRUE COPY OF THE RELEVANT PARTS OF THE UNIFORM GUIDELINES FOR RECRUITMENT MEDICAL EXAMINATION FOR GOS AND NGOS IN CAPFS AND AR DATED 20.05.2015