IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE SUBODH ABHYANKAR ON THE 6^th OF MARCH, 2024 WRIT PETITION No. 2751 of 2024 BETWEEN:-

LOKENDRA RAWAT S/O RAMESH RAWAT, AGED ABOUT 22 YEARS, OCCUPATION: STUDENT R/O VILLAGE PALI PAMARI BADAUNI KHURD DISTT. DATIA (MADHYA PRADESH)

.....PETITIONER (SHRI SUYASH PRAPANNA, ADVCATE)

AND UNION OF INDIA DIRECTOR GENERAL CENTRAL RESERVE POLICE FORCE

1. RECRUITMENT BOARD, BLOCK NO. 1 C.G.O.

COMPLEX LODHI ROAD NEW DELHI 110003 (DELHI)

PRINCIPAL / INSPECTOR GENERAL OF POLICE CENTRAL TRAINING COLLEGE, 2.

CENTRAL RESERVE, POLICE FORCE, NEEMUCH (MADHYA PRADESH)

CHIEF MEDICAL OFFICER (S.G.) 41ST BATTALION, CENTRAL RESERVE POLICE

3. FORCE, CENTRE AT GC, CENTRAL RESERVE POLICE FORCE, NEEMUCH (MADHYA PRADESH)

.....RESPONDENTS ( SHRI HIMANSHU JOSHI ,DEPUTY SOLICITOR GENERAL).

This petition coming on for order this day, the court passed the following:-

ORDER

1. This petition has been filed by the petitioner under Article 226 Signature Not Verified Signed by: REENA SUDHIR of the Constitution of India seeking following relief:-

“(a) Issue a writ of certiorari by quashing/setting aside the impugned medical certificate dated 12/12/2020 in the Detailed Medical Examination and dated 15/12/2023 in the Review Medical Examination where in the petitioner was declared medically unfit.

(b) Issue a Writ of Mandamus by directing the respondents to consider the case of the petitioner treating him medically fit as per the medical tests reported by the petitioner.

(c) Any other directing or relief which this Hon’ble Court may deem fit.”

2. The grievance of the petitioner is that he has been disqualified by the respondents Review Medical Examination conducted in the process of recruitment for the post “Assistant Sub Inspector (Steno)/Head Constable (Ministerial)” by the respondent no.3, Chief Medical Officer of Central Reserve Police Force, Neemuch.

3. In brief facts of the case are that the petitioner appeared for the post of Assistant Sub Inspector (Steno)/Head Constable (Ministerial)” notified by the Central Reserve Police Force, Recruitment Board in which the petitioner was successful in shorthand typing test. However, in his medical examination which took place on 12/12/2023, he could not get through as his candidature was rejected on the ground “Unfit due to TSH (Thyroid Stimulating Hormones) Irregularity” and “Irregular Heart Beat and Abnormal Heart Sound”), and the petitioner was also recommended to apply for Review Medical Examination which took place on 15.12.2023, and was again declared unfit with the following observation “Sub Clinical Hypothyroidism (TSH Signature Not Verified Signed by: REENA SUDHIR

7.01MIU/L)” “Sinus bradycardia” & “Low Pansystolic Murmur” and a detailed medical report was also provided to the petitioner which is placed on record.

4. The grievance of the petitioner is that when he got himself examined in the government hospitals, he was found fit, and no such abnormality which was detected by the respondents was found in the test reports of the Government Hospital Datiya and Gajra Raja Medical College,Gwalior. The petitioner also got an opinion from the department of Gajra Raja Medical College, Gwalior regarding his cardiological health. Thus, the petitioner’s contention is that since he has already been found to be fit by the Government hospitals/ Medical Colleges, his candidature ought to have been accepted by the respondents, and for this purpose he had also sent a representation but the same has not been decided.

5. Counsel for the petitioner has submitted that the petitioner is being deprived of his right to be inducted in the Armed Forces arbitrarily. It is submitted that when the Review Medical Examination of the petitioner took place, there was no subject specialist, and thus the Review Medical report is vitiated. It is submitted that the petitioner has not obtained the aforesaid certificates regarding his health from any private institute but from Government agency, and, in su