Azarul Sk. v. Union Of India And ORS.

Form No. J.(2) Item No. DL/7 adeb - AR (CT) Ct. No. 2

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICATION APPELLATE SIDE Before:

THE HON'BLE JUSTICE SAUGATA BHATTACHARYYA W.P.A. 27519 of 2025 Azarul Sk.

VS.

Union of India & Ors.

For the Petitioner : Mr. Debasish Kundu Mr. Bidan Modak Ms. Arpita Kundu For the Respondents : Mr. Siddhartha Bhattacharyya Ms. Sumita Sarkar Hearing concluded on : 10.02.2026 Judgment on:

: 10.02.2026 SAUGATA BHATTACHARYYA, J:

1. In terms of the order dated 2nd January, 2026 a report in the form of affidavit affirmed on 6th February, 2026 by Deputy Inspector General (Communication), Frontier Head

Quarter, Border Security Force, 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 and in detailed medical examination as well as review medical examination petitioner was declared unfit. Review medical examination was conducted on 24th November, 2025 and it was found that petitioner has linear epidermal nevus which was found to be disqualifying by the Review Medical Board.

3. In the report filed today it is disclosed that after preferring appeal for conducting review medical examination on 22nd November, 2025 petitioner was referred to JNM Hospital, Kalyani, Nadia for medical examination and obtaining medical opinion. Dermatologist of JNM Hospital, Kalyani, Nadia examined the petitioner on 24th November, 2025 and it was opined that petitioner has linear epidermal nevus but no other dermatological abnormalities of significance was found.

4. Subsequently, on 24th November, 2025 petitioner was examined by review medical examination board which simply declared him unfit due to linear epidermal nevus. In the report filed today reliance is placed on Clause XIIB (8)

of the Guidelines for Recruitment Medical Examination in Central Armed Police Forces and Assam Rifles of May, 2015. Clause XIIB (8) 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."

5. It appears from aforesaid provision, if it was found that epidermal nevus of the petitioner interferes with function or are exposed to constant irritation in that event only petitioner could have been declared unfit. In the review medical examination nothing is spelt out that skin condition of the petitioner would interfere with his function as member of disciplined force or same is exposed to constant irritation.

6. On the contrary, dermatologist of JNM Hospital, Kalyani, Nadia on 24th November, 2025 after medically examining the petitioner opined that there is no other dermatological abnormalities of significance.

7. Hence, it appears that Clause XIIB (8) does not apply in case of the petitioner.

8. In aforesaid conspectus concerned respondent authorities are directed to treat the petitioner fit candidate and appoint

him as Constable (GD) under Central Armed Police Forces by 8 (eight) weeks from the date of communication of this order, if petitioner is found otherwise fit.

9. Writ petition stands disposed of.

10. Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings. (SAUGATA BHATTACHARYYA, J.)