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2023 Supreme(Del) 5146

C. HARI SHANKAR, MANOJ JAIN
Kuldeep Singh – Appellant
Versus
Union of India – Respondent


Advocates appeared:
Ms. Nikita and Mr. Brijesh Yadav, Advocates, for the Petitioner.
Mr. NK Aggarwal, Senior Panel Counsel, for the Respondent-1.
Sh. Mahoj Kumar Sharma, DC (BSF) and Sh. Hemendra Singh DC (LAW) BSF.

ORDER (Oral)

Manoj Jain, J. The petitioner is seeking quashing of the detailed medical examination dated 3 June 2023 as well as review of medical examination dated 6 June 2023. The attention of the Court has been drawn towards the revised guidelines dated 31 May 2021. As per the final conclusion given by the Review Medical Board, the petitioner was found to be unfit, as he was suffering from hypertension. The revised guidelines are very clear on the aforesaid aspect of person being suffering from hypertension, for such candidate as per the 7(e) and 8 for the purposes of having proper medical board, any such candidate is required to be admitted/hospitalized by the Board before giving final opinion regarding candidate's fitness or otherwise. It is also important to note that as per the aforesaid guidelines, the hospitalization report should indicate whether the rise in blood-pressure is of a transient nature due to excitement etc. or whether due to any organic disease.

2. During the course of the argument, it was very fairly admitted by the learned counsel for the respondent that the review is without there being any kind of admission/hospitalization. It is undertaken that there woul

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