Md. Hafiz Sk. v. Union Of India And ORS.
W.P.A. 28552 of 2025 04.02.2026 rkd Ct.02 DM Md. Hafiz Sk.
-vsUnion of India & Ors.
Mr. Debasish Kundu, Mr. Bidan Modak, Ms. Arpita Kundu ....for the petitioner.
Mr. Partha Ghosh, Mr. Jasojeet Mukherjee ....for the respondents.
1.
Pursuant to the order dated 16th December, 2025 a writing dated 31st December, 2025 signed by the Commandant (Establishment) on behalf of IG BSF South Bengal Frontier is filed 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 5th December, 2025 petitioner was found unfit on two counts - multiple hesitation marks on left forearm and bilateral middle finger deformity.
4.
Learned advocate representing the petitioner submits that for mental and nervous instability candidate is required to be examined by psychiatrist and opinion needs to be disclosed. It is also submitted that for conclusive report psychometry test is required.
5.
In connection with the multiple hesitation marks on left forearm as found during medical examination it is disclosed in the writing dated 31st December, 2025 that psychiatrist's opinion was taken from Institute of Psychiatry - A Centre of Excellence, Kolkata.
6.
On 4th December, 2025 petitioner was examined by psychiatrist and it was opined that more than four marks at the upper side of dorsum of left forearm were found out of which two lateral and two medial.
7.
It is stated in the said medical report that patient said those marks are nail marks due to carrying nail planks. However, it was opined by the psychiatrist considering the nature of cut marks on one hand that such cut marks are not due to carrying nail planks. According to the psychiatrist it is self inflicted. It was also opined that chances of recurrence remains.
8.
As per the respondents those cut marks on left forearm are indicative of emotional and mental instability which may aggravate in difficult and hostile terrain where members of disciplined force are deployed.
9.
In this regard reliance is placed on Sub-Clause 16 of Clause 6 of Revised Medical Guidelines where it
is provided that mental or nervous instability and evidence of nervous instability is one of the grounds for rejection.
10.
Since no divergent opinion is forthcoming on mental stability/instability of the petitioner, Court needs to rely upon psychiatrist's opinion which is annexure R-2 to the writing dated 31st December, 2025.
11. Writ petition stands dismissed.
12. There shall be no order as to costs.
13. 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.)