The Allahabad High Court has ordered that the petitioner, who has qualified in the selection for the constable in CAPF but was declared unfit twice by the board in the medical examination, to be admitted to the hospital for three days as per the medical guidelines and to check his pulse rate daily.
A Single Bench of Justice Ajit Kumar passed this order while hearing a petition filed by Sangam Pal.
The Court noted that,
The Court on 20.09.2023 passed the following detailed order:-
“The contention of the counsel for the petitioner is that the petitioner qualified in the selection for the constable in CAPF.
In the Medical examination which was conducted a report has been submitted on 28.07.2023, a copy of which is annexure 5 to the petition, whereby the petitioner has been declared as medically unfit on account of Tachycardia (pulse rate 140 per minute). Thereafter a review medical examination was conducted and its report was submitted on 07.08.2023, a copy of which is annexure 6 to the petition, whereby again the petitioner had been declared medically unfit on account of Tachycardia.
Placing reliance on the guidelines for review medical examination in CAPF and Assam Rifles as issued vide the Office Memorandum dated 31.05.2021, a copy of which is annexure 8 to the petition, the argument is that paragraph 7(e) of the said guidelines categorically provides that for candidates who have been rejected on the ground of Tachycardia should be admitted / hospitalized by the board before giving their final opinion regarding the candidates fitness or otherwise and the hospital report should indicate whether the rise in blood pressure is transient in nature due to excitement etc or whether it is due to any organic disease.
Placing reliance on the aforesaid, counsel for the petitioner argues that a perusal of both the reports as indicated above whereby the petitioner has been declared medically unfit on account of tachycardia does not indicate that the petitioner was ever hospitalized and thus the respondents have violated the Office Memorandum dated 31.05.2021 while rejecting the case of the petitioner.
Considering the aforesaid, let Ambrish Sahai, counsel appearing for the Union of India seek instructions as to whether the board had hospitalized the petitioner in terms of the Office Memorandum dated 31.05.2021 prior to arriving at a finding and rejecting the case of the petitioner on the ground of he suffering from Tachycardia.
Let the instructions be taken within two weeks. List thereafter as fresh.”
The Court further noted that,
In compliance with the above order instructions have been obtained by Amrish Sahai, counsel for the respondents which has been placed before the Court on October 09.
From the instruction it is very much clear that the guidelines that have been provided for review medical examination vide Clause7 (e) have not been complied with.
Instruction that has been placed before the Court vide paragraph 4 held thus:-
“4. For measurement of Pulse rate, admission of individuals in the Hospital is not necessary. Pulse rate can be measured without admission in Hospital. Pulse rate is not affected by admission in Hospital.”
In view of the above facts and circumstances, it is hereby provided that the petitioner shall be admitted to the hospital as per guidelines for three days and then the review medical examination shall be held per day as per guidelines before giving its final opinion.
“Further, the petitioner shall present himself before the Board on or before 16.10.2023. He shall be hospitalized by respondents and shall be medically examined accordingly and after his hospitalisation, a medical examination shall be held. The opinion of the review Medical Board shall be placed in a sealed cover before the Court on the next date fixed”, the court ordered.
The Court has fixed the next hearing of the petition on November 3, 2023.
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