KARTIKEYA ARORA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner appeared in the examination conducted by the Union Public Service Commission (UPSC) for recruitment to the post of Assistant Commandant in the Central Armed Police Forces (CAPFs) held on 18th August, 2019 in which he was declared successful. Thereafter, he was issued an Admit Card by the respondents for the Physical Standard Test/Physical Efficiency Test (PST/PET) and the Medical Standard Test (MST), which were scheduled to be held on 16th December, 2019. After he cleared the PST/PET, the respondents asked the petitioner to appear for the Medical Examination scheduled on 16th December, 2019 to 18th December, 2019. Unfortunately, the petitioner was declared 'unfit' for the reason of "Right Sided Pleural Effusion".

(2.) The petitioner desired to seek a Review Medical Board (RMB), as he was informed that he could file for an appeal if he was aggrieved by the decision of the Medical Board. As per the requirement for such an RMB, the petitioner underwent a medical examination on 20th December, 2019 at Safdarjung Hospital, New Delhi. According to the petitioner, he was examined by a Chest Physician, who declared him 'fit' with the specific remark that "there was no evidence of pleural fluid".

(3.) Armed with this Medical Fitness Certificate issued by a Government Hospital, the petitioner appeared before the RMB, which was conducted on 4th March, 2020. Once again, the petitioner was declared 'unfit' for the reasons (a) "pleural thickening" and (b) "post tuberculosis".