Yogesh Kumar vs Union of India - 2023 Supreme(Del) 3332

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 3332

SANJEEV SACHDEVA, MANOJ JAIN
Yogesh Kumar – Appellant
Versus
Union of India – Respondent

Advocates appeared:
Ms. Nikita, Mr. Brijesh Yadav, Mr. Kshitiz Chhabra, Mr. Abhijit Vikram and Mr. Chirag Verma Advocates, for the Appellant.
Mr. Jatin Singh, Mr. Keshav Sehgal, Mr. Shivam Gaur and Ms. Ramya Soni, Advocates with Mr. Hemendra Singh, DC (Law), BSF, for the Respondents.

JUDGMENT

Sanjeev Sachdeva, J. (Oral)

1. Petitioner seeks quashing of the Detailed Medical Examination result dated 09.06.2023 and the Review Medical Examination dated 10.06.2023.

2. Learned counsel for the petitioner submits that the petitioner has been rejected on the ground of `hypertension'. It has also been contended that "the Revised Uniform Guidelines for review in medical examination in Central Armed Police Forces and Assam Rifles for GOs and NGOs" dated 31.05.2021 have not been followed in this regard.

3. Issue notice. Notice is accepted by learned counsel appearing for the respondent.

4. With the consent of the parties, the petition is taken up for final disposal.

5. Reference may be had to the abovesaid guidelines prescribed for the Review Medical Board which, inter-alia, reads as under:

"7(e) For candidates who have been rejected on the ground of hypertension/tachycardia should have been 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 dise

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