RAKESH KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The instant petition has been filed for the grant of following substantive reliefs:-

(2.) The respondents vide its advertisement dtd. 23/1/2018 invited online applications for the post of Constable (Driver). The petitioner participated in the same and after qualifying the Physical Standard Test/Physical Efficiency Test was shortlisted for a Detailed Medical Examination (for short 'DME'). The petitioner appeared for the DME on 17/9/2021, however, his candidature was rejected on medical ground of Hypertension and Tachycardia against which the petitioner applied before the Review Medical Examination (for short 'RME'). The request of the petitioner was acceded to as per the guidelines for the Review Medical Examination (RME) issued vide Office Memorandum dtd. 31/5/2021 and the Review Medical Examination was conducted on 22/9/2021, wherein again it was declared that the petitioner was unfit for being appointed to the post of Constable (Driver) on the ground of Hypertension and Tachycardia and Dyslipidemia. However, the petitioner thereafter sought independent medical opinion from the IGMC, Shimla, in which it was opined that the petitioner was medically fit to hold the post in question.

(3.) When the case came up before the Court on 26/4/2022, the Court after hearing the parties passed the following order:-