Rittick Ghosh v. Union Of India And ORS.
18.05.2026 Item no.98 Subrata Bhattacharyya AR(C)
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION Appellate Side WPA No.28218 of 2025 Rittick Ghosh Vs.
Union of India & Ors.
Mr. Debasish Kundu Mr. Sudeepto Kumar Basu Mr. Bidan Modak ... for the petitioner Mr. Shaunak Ghosh ... for the Union of India
1. The petitioner participated for recruitment as Constable-GD in Central Armed Police Forces.
2. The Review Medical Board declared the petitioner medically unfit due to extension deformity present in the left elbow joint.
3. Learned counsel for the petitioner submits that the Detailed Medical Examination Board found the petitioner unfit on account of extension deformity in the right leg. The Review Medical Board found a different defect in the petitioner. The Review Medical Board ought to have formed an opinion and revert the matter to the DME for fresh medical examination.
4. It has further submitted that the petitioner was medically examined by the Review Medical Board in the same examination conducted in the year 2024 and the defect in the elbow could not be detected. Carrying angle was found to be within permissible limit. Prayer has been made to conduct re-examination of the petitioner by an expert.
5. The respondents oppose the prayer of the petitioner. Reliance has been placed on the report in the form of affidavit wherein it has been mentioned that the Review Medical Board examined the petitioner and sent him for specialized opinion and investigation. The Review Medical Board noticed some degree of deformity while doing examination of his elbow joints. The petitioner was sent for investigations at Theism Diagnostic, Kolkata and JNM Hospital, Kalyani.
6. It has been submitted that the petitioner was examined by the Orthopaedician and mild cubitus valgus was detected. The right elbow joint carrying angle was 19.8 degree and left elbow carrying angle was 18.4.
7. While conducting clinical examination it was found that there is restriction in the left elbow joint which was confirmed by the Orthopaedician. Mild cubitus valgus is not included as minor acceptable defect. Carrying angles less than 20 degree is accepted only if there is no restriction in elbow movement along with cubitus valgus.
8. According to the Review Medical Board, the candidate has been considered as unfit for combatised duties as it involves a lot of physical strain on elbow joint which may later lead to dislocation of elbow in future. The Review Medical Board declared the petitioner unfit on account of the extension deformity of the elbow joint.
9. Thereafter, the petitioner got himself medically examined in State Government hospital and obtained a fit certificate in his favour.
10.
As per the Recruitment Rules, the decision of the Review Medical Board is final and no appeal can be entertained.
11. As it appears that the expert doctors of the recruiting authority detected the aforementioned defect in the petitioner which is a ground for disqualification of candidature, accordingly, the Court is not inclined to interfere with the said finding.
12.
As the petitioner participated for recruitment in the Central Armed Police Force, the medical certificate relied upon by the petitioner obtained from the State Government Hospital in support of the submission that he does not suffer from any such defect, cannot be accepted.
13.
The standard of fitness of a civilian is not the same as required in the armed forces where strict and stringent methods to assess physical fitness are resorted to.
14.
In view of the above, no relief can be granted to the petitioner in the instant writ petition. The writ petition fails and is hereby dismissed.
15.
Report of the expert of the respondents filed in Court be taken on record.
16. Parties to act on the basis of the server copy of this order duly downloaded from the official website of this Court.
17. Certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.
(Amrita Sinha, J.)