Delhi High Court
Sandeep Kadian vs Union Of India, & Ors. on 5 July, 2023
Neutral Citation Number 2023:DHC:4575-DB
$~40
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment delivered on: 05.07.2023
+ W.P.(C) 8881/2023 & CM APPL. 33548-33549/2023
SANDEEP KADIAN ..... Petitioner
versus
UNION OF INDIA, & ORS. ..... Respondents
Advocates who appeared in this case:
For the petitioner: Mr. Rauf Rahim, Advocate (through V.C.)
For the Respondents: Mr. Ripu Daman Bhardwaj, CGSC with
Mr. Sarvan Kumar, G.P.
CORAM:-
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
HON'BLE MR. JUSTICE MANOJ JAIN
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
1. Petitioner seeks direction for reconstitution of Review Medical
Board in consonance with the applicable guidelines and also seeks
quashing of the Detailed Medical Examination result dated 07.06.2023
and the Review Medical Examination dated 08.06.2023.
2. Learned counsel for the petitioner submits that the petitioner has
been rejected on the ground of „hypertension‟. It has also been
contended that "the Revised Uniform Guidelines for review in medical
Signature Not Verified
Digitally Signed
Signing Date:07.07.2023
17:25:18
Neutral Citation Number 2023:DHC:4575-DB
examination in Central Armed Police Forces and Assam Rifles for
GOs and NGOs" dated 31.05.2021 have not been followed in this
regard.
3. Issue notice. Notice is accepted by learned counsel appearing
for the respondent.
4. With the consent of the parties, the petition is taken up for final
disposal.
5. Reference may be had to the abovesaid guidelines prescribed
for the Review Medical Board which, inter-alia, reads as under:
"7(e) For candidates who have been rejected on the
ground of hypertension/tachycardia should have been
admitted/hospitalized by the Board before giving their
final opinion regarding the candidate's fitness or
otherwise. The hospitalization report should indicate
whether the rise in blood pressure is of transient in nature
due to excitement etc. or whether it is due to any organic
disease. In all such cases X-Ray and electro-
cardiographic examinations of heart and blood
examinations like cholesterol/lipid profile, S. Creatinine
etc. tests should also be carried out."
6. It is not in dispute that petitioner has been declared „unfit‟ on
the ground of hypertension. It is also not in dispute that petitioner was
not hospitalized by the Review Medical Board prior to giving final
opinion. The Medical Board, as per the guidelines, should have also
ascertained as to whether the rise in blood pressure was transient in
nature due to excitement, etc. or whether it was due to an organic
disease, as required by the guidelines.
7. Since the guidelines have clearly not been followed, the opinion
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Digitally Signed
Signing Date:07.07.2023
17:25:18
Neutral Citation Number 2023:DHC:4575-DB
rendered by the Review Medical Board cannot be accepted.
Accordingly, the findings of the Review Medical Board are set aside.
The respondents are directed to constitute a fresh Review Medical
Board which shall examine the petitioner, inter-alia, in accordance
with the guidelines dated 31.05.2021.
8. The Review Medical Board be constituted within a period of
two weeks from today with at least four days‟ advance notice to the
petitioner.
9. The petition is disposed of in the above terms. It would be open
to the petitioner to avail of any further remedies, if aggrieved by any
such further decision of the Review Medical Board.
SANJEEV SACHDEVA, J
MANOJ JAIN, J
JULY 5, 2023
st
Signature Not Verified
Digitally Signed
Signing Date:07.07.2023
17:25:18
