Sailendra S/O Shri Krishan Lal vs Union Of India

Arun Monga, J

Petitioner herein is before this Court challenging his Review Medical Examination (RME) Report dated 18.10.2024 (Annex.6) for the post of Constable (GD), vide which he was declared 'Unfit' on account of Hypertension (HTN). His average BP was recorded as 152/96. He claims that his BP was normal when medical test was conducted.

Briefly speaking, relevant facts as pleaded in the petition are as follows:-

2.1. Pursuant to Advertisement dated 24.11.2023 the petitioner applied for the post of Constable (GD) in BSF, CISF, CRPF, ITBP, SSB, SSF, and Rifleman (General Duty) in Assam Rifles. As per the conditions, selection for the said posts was to be made through a Computer-Based Examination (CBE), followed by a Physical Standard Test (PST), Physical Efficiency Test (PET), Medical Examination, and document verification. He was declared successful in all tests. Thereafter, the petitioner also appeared in the Medical Examination conducted at Jodhpur on 14.10.2024, in which he was declared 'Unfit' due to Hypertension (BP - 160/100 mmHg). However, he was asked to apply for a Review Medical Examination (RME) by signing the consent form given there.

2.2. He also had his Lipid Profile and Creatinine Tests conducted at Amit X-Ray & Lab, Jodhpur, on 17.10.2024, the results of which showed normal cholesterol and creatinine levels. The petitioner had his medical examination done for hypertension conducted by the Medical Officer, Government District Hospital, Paota, Jodhpur, on 16.10.2024 and 17.10.2024, where his blood pressure was reported as 138/87 mmHg on 16.10.2024 and 137/89 mmHg on 17.10.2024, which is within the normal range.

2.3. On 18.10.2024, when he was medically examined (RME) by the Specialist Cardiologist of the All India Institute of Medical Sciences, Jodhpur, who measured the petitioner’s blood pressure twice, which was reported as 147/87 mmHg and 138/85 mmHg, and was thus deemed normal. The petitioner was also advised an ECG, which was reported normal. Accordingly, the Specialist Cardiologist recommended a 24-hour Ambulatory Blood Pressure Monitoring (ABPM) Test to be conducted until 26.10.2024 (Cardiologist opinion is attached with the petition). However, instead of conducting the said test, the concerned officials of the BSF, who accompanied the petitioner during his RME, rather chose to overwrite on the cardiologist's opinion stating that result of the RME of the petitioner be declared along with the other candidates. 2.4. The petitioner was thus shocked to receive the RME Report dated 18.10.2024, wherein he was declared 'Unfit' on account of Hypertension (HTN), with the statement 'Patient kept in observation for 24 hrs and his Avg BP 152/96. 2.8. As per the guidelines for RME, as well as the opinion of the Specialist Cardiologist of AIIMS, Jodhpur, the petitioner was required to undergo the 24-hour ABPM Test until 26.10.2024 to ascertain whether the petitioner’s blood pressure was transient in nature due to excitement, etc., or whether it was due to any organic disease. However, instead of conducting the said test, and in violation of the guidelines for RME (Annx.4), the petitioner has been declared 'Unfit' on the basis of an average blood pressure of 152/96, which, according to the cardiologist’s opinion, is completely incorrect. Hence, this writ petition.

In the aforesaid backdrop, I have heard learned counsel for the petitioner and learned counsel for the respondents and have also perused the medical record of the respondents whereby petitioner has been declared unfit.

First and foremost, reference may be had to Annex.5, which is the Review Medical Board’s medical opinion, wherein readings were taken in 3 different time slots on 17.10.2024 as below:-

“At 10:00 A:M BP =150/100

At 04:00 P:M BP = 156/90

At 06:30 P:M BP = 150/98

Avg. BP = 152/96”

The aforesaid clearly reflects that while carrying out the review medical examination of the petitioner, it was conducted within a short span of 8.5 hours, commencing at 10:00 A.M. and ending at 06:30 P.M.

In this context, reference may be had to the guidelines to be followed by the Review Medical Board, as contained in Annex.4. The relevant Clause 3(e), which pertains to the measurement of hypertension, is reproduced hereinbelow:-

“3. Few examples are being cited for the guidance of Review Medical Board:-

a) to d) xxx - xxx - xxx

e) For candidates who have been rejected on the ground of hypertension/tachycardia should be admitted/hospitalized by the Board before giving their final opinion regarding the candidate’s fitness or otherwise. The hospitalization report should indicate whether the rise in blood pressure is of transient nature due to excitement etc. or whether it is due to any organic disease. In all such cases X-Ray and electro-cardiographic examinations of heart and blood examinations like cholesterol/lipid profile, S.creatinineetc, tests should also be carried out.” (emphasis supplied)

As against the aforesaid, the petitioner’s blood pressure was measured in the OPD without admitting him.

In fact, a bare look at the Review Medical Board report contained at Annex.6 dated 18.10.2024 reveals that the petitioner was kept in OPD, as he was neither admitted/hospitalized nor observed for 24 hours. In complete short-shrift of the applicable guidelines, he was thus declared as unfit.

As an upshot, the instant petition is allowed. The respondents are directed to re-examine the petitioner by keeping him under observation for 24 hours and record his blood pressure at different intervals, and arrive at a mean thereafter, and then give a fresh medical opinion.

Till then, subject to the petitioner being otherwise found meritorious and eligible, one post in the category the petitioner applied for shall not be filled up.

Pending application(s), if any, stand disposed of.