Citation : 2025 Latest Caselaw 11731 Raj
Judgement Date : 27 August, 2025
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Spl. Appl. Writ No. 62/2025
Jaswant Parjapat S/o Murari Lal, Aged About 22 Years, R/o
Neelkanth Colony, Ward-1, Antah, District Baran, Rajasthan.
----Appellant
Versus
1. The Union Of India, Through The Secretary, Department
Of Home Affairs, North Block, New Delhi.
2. The Secretary, Staff Selection Commission, Block No. 12,
Cgo Complex, Lodhi Road, New Delhi.
3. The Directorate General, Crpf (Recruitment Branch) East
Block-07, Level-4, Sector-01, R.k.puram, New Delhi.
4. The Inspector General Bsf, Mandore Road, Po- Mandore,
District Jodhpur
----Respondents
For Appellant(s) : Mr. Krishanpal Singh Bhati
For Respondent(s) : Mr. Abhishek Sharma
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
HON'BLE MR. JUSTICE SANDEEP TANEJA
Order
27/08/2025
1. The present special appeal writ is preferred by the appellant
against the order dated 12.11.2024 passed by the learned Single
Judge in SB Civil Writ Petition No.17743/2024 whereby the writ
petition has been dismissed.
2. This Court has passed the following order on 04.08.2025 :
"In a limited prayer, learned counsel for the appellant submits that as per report dated 10.10.2024 (Annexure-6), a Board of three doctors of Government Hospital, MBS Kota examined the appellant and opined that he is suffering from Gynecomastia. Learned counsel for the appellant further submits that the respondents in the Medical Board's report have
(2 of 3) [SAW-62/2025]
declared that the appellant is suffering from Gynecomastia. However, as senior doctors of the Government Hospital have opined that the appellant is not suffering from the said disease, therefore, the respondents should have taken a more cautious approach, particularly when the appellant has qualified on merits and is otherwise eligible for appointment, he should be granted benefit in this regard.
Learned counsel for the appellant has relied upon the judgment dated 29.05.2025 passed by the Hon'ble Supreme Court in Civil Appeal No. 7254/2025 (Divyanshu Singh Vs. The Union of India & Ors.), arising out of SLP (C) No. 13758/2025.
On such a limited prayer, considering the peculiar fact matrix of the case, the respondents shall get appellant examined by a Board of Doctors at AIIMS, Jodhpur and submit a medical report before this Court regarding his condition in question."
3. In compliance of the above order, the Medical Board, AIIMS,
Jodhpur has submitted a medical report declaring the appellant to
be medically fit. The operative portion of the Medical Board's
report reads as under :
"On examination of the petitioner, the Board has found that:-
Based on radiological and physical evaluations, the petitioner presents with the following findings:
B/L Gynecomastia, Grade I, R>L retro-areolar, firm consistency, button shaped.
No S/o Hypogonadism B/L testis > 25ml. USG right is 1.7x0.6cm and left is 1.3x0.5cm.
Further, As per guidelines issued by Ministry of Home Affairs, UO No.A.VI/2024-
Rectt(SSB) dated 20.05.2015
(3 of 3) [SAW-62/2025]
Gynaecomastia in the petitioner does not preclude fitness."
4. Report of the Medical Board is taken on record.
5. Pertaining to Gynecomastia, the appellant is medically fit.
6. In light of above, the present special appeal writ is disposed
of with a direction to the respondents to give appropriate
appointment to the appellant as per his own rights on the post of
Constable (G.D.) within a period of three months from the date of
receipt of certified copy of this order.
(SANDEEP TANEJA), J (DR. PUSHPENDRA SINGH BHATI),J
118-deep/-
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