The main legal point established in the judgment is that review medical examinations must be conducted in accordance with the approved guidelines, and decisions to reject candidates should be supported by valid clinical findings and corroboratory investigation reports.

1. Pursuant to Frontier Headquarter, BSF, New Delhi’s letter dated 31.01.2012, a special recruitment drive was carried out in the State of J&K to supply the unfilled vacancies of Constable (GD) in BSF for the year 2011-12. On 27.02.2012, an advertisement notification in this regard was issued and the candidates who were willing and fulfill the prescribed physical and medical standards were invited to appear at the PST/PET Centres designated in their respective districts on 26.03.2012 and 28.03.2012. The petitioner appeared before the Regional Selection Board at BSF Camp Painthee, Samba and sought recruitment to the post of Constable (GD) under OBC category. Physical Standard Test/Physical Efficiency Test was conducted in which he qualified. The petitioner, therefore, became eligible to appear in the next event i.e. written examination. The petitioner qualified the written test also and was, therefore, called to appear for medical examination.

2. On 17.04.2012, the medical examination of the petitioner was conducted and he was declared unfit due to “Gynaecomastia left”. The petitioner was, however, given an opportunity to appeal against the finding of the medical examination for which he was intimated in writing. The petitioner seized the opportunity and submitted an appeal for review medical examination. Accordingly, review medical examination of the petitioner was conducted at FHQ, BSF, Paloura Camp, Jammu on 26.07.2012. During the review medical examination, the petitioner was again found medically unfit due to “Gynaecomastia left more than right”. It is stated that the result of the review medical examination conducted by the respondents was not conveyed to the petitioner which constrained the petitioner to file SWP No.1740/2012 seeking, inter alia, a direction to the respondents to declare the result of the review medical examination and consider the petitioner for appointment as Constable (GD) in BSF. The aforesaid writ petition was disposed of on 27.08.2012 with a direction to the respondents to declare the result of review medical board within two weeks. In compliance, the respondent No.3 communicated the result of the review medical examination of the petitioner to the petitioner. Aggrieved, the petitioner has filed the instant writ petition.

3. Having heard learned counsel for the parties and perused the record, I am satisfied that the respondents had not treated the petitioner fairly and have failed to conduct review medical examination of the petitioner in accordance with 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 Riffles (AR). Needless to say that the BSF is amongst the Central Armed Police Forces of the Union of India.

4. For appreciating the grievance projected by the petitioner in this petition, it would be necessary to first refer to the rule position governing the medical examination for recruitment of GOs and NGOs including Constable in the BSF, as was obtaining in the year 2012 when the process for recruitment in question was set in motion. Admittedly, in the year 2012 the medical examination for recruitment of Constable (GD) in CAPFS and AR including the BSF was regulated by Uniform Guidelines for the purposes issued by the Additional Director General (Medical), CAPFs and AR, Ministry of Home Affairs, Govt. of India, New Delhi. Guideline No.12 which is relevant is reproduced hereunder:-

“12. Steps 1 (Group Test) General Examination

The candidates examined at a glance presenting with any of the following disease/disability will be rejected:-

(a) Any congenital malformation or defects.

(b) Any obvious squint or other abnormalities of eyes.

(c) Any glandular swelling.

(d) Pronounced Stammering.

(e) Deformity of Chest.

(f) Any obvious skin lesions as referred to at paragraph 24 to 29 below.

(g) Umbilical Hernia.

(h) Gynaecomastia.

(i) Gross Spinal Deformity.

(j) Any obvious p