Jammu and Kashmir High Court: A Single Judge Bench of Sanjeev Kumar, J., allowed a writ petition against the order of the respondent whereby the petitioner was declared unfit for the post of Constable (GD) in the Border Police Force.
The petitioner was subjected to a medical fitness examination by the respondent wherein he was found unfit due to “Gynaecomastia left”. The petitioner preferred an appeal against the order, however, he was again declared unfit by the review medical board vide the impugned order.
The Court perused the guidelines approved by the “Ministry of Home Affairs” for conducting the medical examination tests for recruitment of GOs and NGOs in the Central Armed Police Forces (CAPFS) and Assam Rifles (AR) and observed that the candidates to review medical examination cannot be rejected only on clinical findings and such clinical reports should be supported by corroboratory investigation reports and if needed opinion of specialists/super specialists of government hospitals/medical colleges/government approved medical centres should also be taken into account.
The High Court held that the respondent had not followed the guidelines strictly and the review medical report was not supported by a proper investigation. Hence, the Court quashed the impugned order, as it was found to be cryptic, non-speaking and in violation of the guidelines issued for the purposes. It further directed the respondent to reconvene the review medical board and conduct the medical examination of the petitioner in accordance with the guidelines and if the petitioner is found fit in the re-examination then he should be appointed to the post of the constable without any further delay. [Narinder Singh v. DG of CRPF,2018 SCC OnLine J&K 398, dated on 10-07-2018]
