Prosanta Bag v. Union Of India And ORS.

Form No. J(2) Item No. DL/8 ARPAN - A.R. (CT)

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction (Appellate Side) W.P.A. NO. 28703 OF 2025 PROSANTA BAG Vs.

UNION OF INDIA & OTHERS BEFORE: THE HON'BLE JUSTICE SAUGATA BHATTACHARYYA For the Petitioner : Mr. Debasish Kundu, Adv.

Mr. Bidan Modak, Adv.

For the Union of India : Mr. Ram Chandra Agarwal, Adv.

Mr. Tapan Bhanja, Adv.

Hearing concluded on : 29.01.2026 Judgment On : 29.01.2026 SAUGATA BHATTACHARYYA, J.:

1.

Matter is heard in presence of the learned advocates representing the petitioner and the Union of India.

2.

In terms of the order dated 19th January, 2026, a report signed by Commandant (Estt) for IG BSF South Bengal Frontier on 12th January, 2026 is filed today and same is taken on record.

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Copy of the report is also made over to the learned advocate representing the petitioner.

4.

Petitioner participated in the selection process for being appointed as Constable (G.D.) under Central Armed Police Forces (CAPFs) and qualified in the written test and physical standard test. However, in review medical examination conducted on 2nd December, 2025 petitioner was declared unfit due to alopecia over scalp. 5.

Learned advocate representing the petitioner submits that in terms of Guidelines for Recruitment Medical Examination in Central Armed Police Forces and Assam Rifles as revised in May, 2015 alopecia is not a deformity for which a candidate is required to be declared unfit on medical ground for being appointed as Constable (G.D.) under CAPFs. 6.

In the report filed today on behalf of the respondents it is disclosed that it was found during review medical examination that petitioner had patchy hair loss which was diagnosed as scarring alopecia by dermatologist of Barasat Government Medical College and Hospital which according to the respondent authorities, is a chronic disease. 7.

In this regard reliance is placed on Clause 6(1) of the revised medical guidelines of May, 2015 and it is contended on behalf of the respondents that indication of any chronic disease is a ground for declaring a candidate unfit. According to the respondent authorities, petitioner was found to be suffering from chronic disease. Therefore, petitioner was declared unfit.

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For better understanding of the case, Clause 6(1) of the revised medical guidelines of May, 2015 is quoted below:

"6. GENERAL GROUNDS FOR REJECTION

1) Indication of any chronic disease like tuberculosis, syphilis, or other venereal disease, rheumatoid/ any type of arthritis, hypertension etc."

9.

Therefore, it is provided under Clause 6(1) that chronic diseases like tuberculosis, syphilis or other venereal disease, rheumatoid or any type of arthritis, hypertension etc. can be a reason for declaring a candidate unfit for being appointed in the aforesaid post. 10.

However, in review medical examination report dated 2nd December, 2025 medical experts opined that petitioner had alopecia over scalp and it was not described as a chronic disease. Similarly, in medical document dated 1st December, 2025, annexed to the report filed today, issued by a Medical Officer, Dermatology OPD, Barasat Government Medical College and Hospital, it was stated that petitioner had scarring alopecia but same was not found to be a chronic disease. 11.

Hence, this Court finds no impediment in directing the concerned respondent authorities to declare the petitioner medically fit and appoint the petitioner in the post of Constable (G.D) under Central Armed Police Forces by eight (8) weeks from the date of communication of this order, provided petitioner is found to be otherwise eligible. 12.

With the above direction writ petition stands disposed of.

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Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings.

(SAUGATA BHATTACHARYYA, J.)