ASHUTOSH VASHISTH Vs. UNION OF INDIA AND ORS

JUDGEMENT

(1.) The petitioner seeks issuance of a writ of certiorari, for quashing the orders dated 05.04.2017 and 12.07.2017, passed by the Medical Board and the Review Medical Board respectively, of the respondent No.3/CISF, declaring him medically unfit for the post of Sub-Inspector in the Delhi Police, CAPFs and ASI in the CISF, in terms of an advertisement dated 09.02016 wherein he had applied for recruitment to the subject posts.

(2.) Learned counsel for the petitioner submits that in response to the advertisement dated 09.01.2016, issued by the respondent No.2/SSC, the petitioner had applied for recruitment to the post of Sub-Inspector in the Delhi Police, CAPFs and ASI in the CISF. He had cleared the written test and was called for a Physical Endurance Test (PET)/Physical Standard Test (PST). After qualifying the said test, the petitioner was called to appear in the Tier-II examination which includes a medical examination. On 05.04.2017, the petitioner was subjected to a medical examination at the BSF Frontier, Jodhpur, Rajasthan where he was declared unfit, on account of "1. Hypertension, Over Weight BMI-26". The rejection order gave an option to the candidate to prefer an appeal to the Review Medical Board after obtaining a medical certificate from a medical practitioner working in a government hospital, certifying his fitness.

(3.) Pursuant thereto, the petitioner had approached a Government Hospital i.e. Ram Manohar Lohia Hospital, New Delhi for a medical check up. He was admitted at the hospital for 24 hours between 20.04.2017 and 21.04.2017, where his blood pressure was recorded eight times throughout the day. Thereafter, the attending doctor at the hospital had opined as under: