delhihighcourt

RAHUL KURARIYA vs UNION OF INDIA AND OTHERS

$~42
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment delivered on: 29.11.2023
+ W.P.(C) 10243/2023, CM APPL. 39688/2023 & CM APPL. 39689/2023

RAHUL KURARIYA ….. Petitioner
Versus

UNION OF INDIA AND OTHERS ….. Respondents

Advocates who appeared in this case:

For the Petitioner: Mr. Brijesh Yadav, Advocate through VC.

For the Respondents: Mr. Sandeep Kumar Mahapatra, CGSC with Ms. Kritika Sharma & Mr. Tribhuvan, Advocates.
CORAM:-
HON’BLE MR. JUSTICE SANJEEV SACHDEVA
HON’BLE MR. JUSTICE MANOJ JAIN
JUDGMENT

SANJEEV SACHDEVA, J. (ORAL)

1. Petitioner impugns the Detailed Medical Examination report dated 06.06.2023 and the Review Medical Examination report dated 08.06.2023, whereby the petitioner has been declared ‘unfit’ on the ground of Tachycardia, alleviated blood pressure and tremors both hands.
2. Learned counsel for petitioner submits that insofar as Tachycardia and alleviated blood pressure are concerned, petitioner was not hospitalized for examining whether the rise in blood pressure was transient in nature due to excitement or whether that was constitutional. He further submits that insofar as tremor both hands is concerned, as per the guidelines, a Neurologist’s opinion should have been taken and as per his instructions, no such opinion was taken.
3. Issue notice. Notice is accepted by learned counsel appearing for the respondents.
4. With the consent of the parties, the petition is taken up for final disposal.
5. Reference may further be had to the para 7 e & g of the guidelines for Review Medical Examination which, inter alia reads as under:
“(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 in nature due to excitement etc. or whether it is due to any organic disease. In all such cases X-Ray and electrocardiographic examinations of heart and blood examinations like cholesterol/lipid profile, S. Creatinine etc. tests should also be carried out.
(g) Any tremor in hands or other parts of body thyrotoxicosis should be ruled out and neurologist’s opinion should be taken.”

6. It is not in dispute that petitioner has been declared ‘unfit’ on the ground of hypertension. It is also not in dispute that petitioner was not hospitalized by the Review Medical Board prior to giving final opinion. The Medical Board, as per the guidelines, should have also ascertained as to whether the rise in blood pressure was transient in nature due to excitement, etc. or whether it was due to an organic disease, as required by the guidelines.
7. It is also not in dispute that petitioner has been declared ‘unfit’ with respect to tremors in hands. With respect to tremors in hand or other parts of body, Thyrotoxicosis should be ruled out and a neurologist’s opinion should be taken. Record does not reveal that any opinion of a neurologist was taken at the time of the Review Medical Examination.
8. Since the guidelines have clearly not been followed, the opinion rendered by the Review Medical Board cannot be accepted. Accordingly, the findings of the Review Medical Board are set aside. The respondents are directed to constitute a fresh Review Medical Board which shall examine the petitioner, inter-alia, in accordance with the guidelines dated 31.05.2021.
9. The Review Medical Board be constituted within a period of two weeks from today with at least four days’ advance notice to the petitioner.
10. The petition is disposed of in the above terms. It would be open to the petitioner to avail of any further remedies, if aggrieved by any further decision of the Review Medical Board.
11. Order dasti under signature of Court Master.

SANJEEV SACHDEVA, J

MANOJ JAIN, J
NOVEMBER 29, 2023/MR

W.P.(C) 10243/2023 Page 3 of 3