Delhi High Court
Staff Selection Commission And Ors vs Rahul Punia on 21 May, 2025
Author: Navin Chawla
Bench: Navin Chawla
$~96
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 21.05.2025
+ W.P.(C) 6936/2025 & CM APPL. 31394-96/2025
STAFF SELECTION COMMISSION AND ORS.
.....Petitioners
Through: Mr. Amit Tiwari, CGSC,
Ms.Ayushi Srivastava, Mr.Amit
Tiwari, Advs
versus
RAHUL PUNIA .....Respondent
Through: Ms.Esha Mazumdar,
Ms.Muskan Sharma, Advs.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
HON'BLE MS. JUSTICE RENU BHATNAGAR
NAVIN CHAWLA, J. (ORAL)
1. This petition has been filed, challenging the Order dated
14.05.2024 passed by the learned Central Administrative Tribunal,
Principal Bench, New Delhi (hereinafter referred to as, 'Tribunal') in
O.A. No. 1952/2024, titled Rahul Punia v. Staff Selection
Commission & Ors., allowing the OA filed by the respondent herein
while simply placing reliance on the earlier Judgment dated
10.05.2024 passed the learned Tribunal in OA No.519/2024, titled
Teekaram Singh Meena vs. SSC and Ors.
2. While we could have remanded the matter back to the learned
Tribunal, however, taking into account the fact that in the present case
the respondent is seeking employment with the Delhi Police and that
uncertainty in this regard is going to prejudice not only the respondent
but also the petitioners, we have proceeded to examine the petition on
merits as well.
3. The respondent had applied for the post of Constable
(Executive)(Male) with Delhi Police pursuant to the Advertisement
issued on 01.09.2023. The Detailed Medical Examination Board
declared the respondent 'unfit' for appointment finding him to be
suffering from 'Hypertension BP-160/98mm of Hg'.
4. Aggrieved of the said finding, the respondent applied for
Review Medical Examination.
5. The Review Medical Examination Board directed the admission
of the respondent in the BSF Hospital, wherein his readings were
taken on regular intervals from 02.02.2024 to 05.02.2024. It was
found that his average Blood Pressure was 139/83 mm/hg (stage-1
Hypertension). Based on the said finding, the Review Examination
Medical Board, vide its report dated 06.02.2024, declared the
respondent 'unfit' for appointment finding him to the suffering from
'Stage-I Hypertension'.
6. The learned counsel for the petitioners submits that the learned
Tribunal has erred in placing reliance on a purported report of another
Government Hospital which declared the respondent medically fit for
appointment. He submits that the opinion of the Medical Boards
appointed by the petitioners cannot be brushed aside merely by relying
upon the subsequent report of a Government or private hospital. In the
present case, the Medical Board has conducted a detailed examination
of the respondent by having him admitted to the BSF Hospital
between 02.02.2024 to 05.02.2024 and taking repeated measurements
of his Blood Pressure. He submits that therefore, the Impugned Order
is liable to be set aside.
7. On the other hand, the learned counsel for the respondent, who
appears on advance notice of this petition, places reliance on the
'Guidelines for Review Medical Examination in Central Armed Police
Forces and Assam Rifles' dated May 2015 issued by the Government
of India wherein, as far as the examination of the Blood Pressure is
concerned, in paragraph XIV (2), it has been provided as under:
"XIV. EXAMINATION OF HEART &
VASCULAR SYSTEM
xxx
2. Examination of Blood Pressure. (Normal
Range Systolic 100-140 mm of Hg, Diastolic
60 to 90 mm of Hg) Candidate should not be
rejected on the basis of single high reading. In
case the blood pressure is recorded to be
higher than 140 mm systolic and/or 90 mm Hg
diastolic, at least 2 more recordings should be
taken in lying position at an interval of 2-3
hours before declaring him unfit. BP should be
recorded in both arms. The candidate should
be asked to relax and should not be subjected
to strenuous/stressful activity immediately
prior to the recording. (Elevated blood
pressure defined as the average of three
consecutive sitting blood pressure
measurements separated by at least 10
minutes, diastolic greater than 90 mmHg or
systolic pressure measurements greater than
140 mmHg, is disqualifying.
(Emphasis supplied)."
8. The learned counsel for the respondent submits that, therefore,
it is only where the average Blood Pressure of the candidate is found
to be above 140mm Hg systolic and 90 mm Hg diastolic, that such
candidate is to be declared 'unfit' for appointment.
9. We have considered the submissions made by the learned
counsels for the parties.
10. A reading of the above clause of the Medical Guidelines would
show that the normal range of systolic Blood Pressure is 100-140 mm
Hg while for diastolic Blood Pressure is 60-90 mm of Hg. In the
present case, the respondent's average Blood Pressure was found to be
139/83 mm Hg, which would be within the normal range as stipulated
in the above Medical Guidelines.
11. Keeping in view the above, we do not find any merit in the
petition and we dispose of the present writ petition along with the
pending applications by directing the petitioners to comply with the
direction issued by the learned Tribunal, within a period of four weeks
from today.
NAVIN CHAWLA, J
RENU BHATNAGAR, J
MAY 21, 2025/Arya/ik
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