A candidate cannot be declared medically unfit for hypertension in recruitment if the Review Medical Board fails to follow guidelines requiring hospitalization and observation to distinguish between transient hypertension and organic disease.

Order

1. Petitioner herein is before this Court challenging his Review Medical Examination (RME) Report dated 30.09.2020 (Annex.7) for the post of Constable (GD), vide which he was declared 'Unfit'on account of Hypertension (HTN). His BP was recorded twice as 160/100 mmHg and 158/98 mmHg. He claims that his BP was normal when medical testwas conducted.

2. Briefly speaking, relevant facts as pleaded in the petition are as follows:-

2.1. Pursuant to Advertisement dated 21.07.2018, the petitioner applied for the post of Constable (GD) in CAPFs, NIA and SSF and Rifleman (General Duty) in Assam Rifles. As per the conditions, selection for the said posts was to be made through a Computer- Based Examination (CBE), followed by a Physical Standard Test (PST), Physical Efficiency Test (PET), Medical Examination, and document verification. He was declared successful in all tests. Thereafter, the petitioner also appeared in the Medical Examination conducted at Jodhpur on 30.01.2020, in which he was declared 'Unfit' due to Hypertension (BP – 170/90 mmHg).

2.2. The petitioner had his medical examination done for hypertension conducted by the Government Medical College, Barmer on 08.02.2020, where specialist doctor has declared the petitioner medically fit. Thereafter, the petitioner requested the respondents for conducting Review Medical Examination by a Review Medical Board.

2.3. On 30.09.2020, when he was medically examined (RME) by the Review Medical Board constituted by the respondents, which measured the petitioner’s blood pressure twice, which was reported as 160/100 mmHg and 158/98 mmHg.

2.4. The petitioner was, thus, shocked to receive the RME Report dated 30.09.2020, wherein he was declared 'Unfit' on account of Hypertension (HTN), whereas the petitioner was required to be admitted/hospitalized to ascertain whether the petitioner’s blood pressure was transient in nature due to excitement, etc., or whether it was due to any organic disease. However, instead of admitting/hospitalizing the petitioner, and in violation of the guidelines for RME, the petitioner has been declared 'Unfit', which according to the opinion of Review Medical Board, is completely incorrect. Hence, this writ petition.

3. In the aforesaid backdrop, I have heard learned counsel for the petitioner and learned counsel for the respondents and have also perused the medical record of the respondents whereby petitioner has been declared unfit.

4. First and foremost, reference may be had to Annex.7, which is the Review Medical Board’s opinion, wherein readings of blood pressure of the petitioner were taken on two different time slots on 30.09.2020 as below:-

“2) Brief of Review Medical Examination and Finding thereof:-

BP - 1st Reading - 160/100 mmHg- 10:00 AM

2nd Reading - 158/98 mmHg- 11:00 AM

3) Final Opinion

(a) FIT -------------------

(b) UNFIT on account of Hypertension BP measured on different occasions”

5. The aforesaid clearly reflects that while carrying out the Review Medical Examination of the petitioner, it was conducted within a short span of one hour, commencing at 10:00 AM and ending at 11:00 AM.

6. In this context, reference may be had to the guidelines to be followed by the Review Medical Board, as contained in Annex.8. The relevant Clause 3(e), which pertains to the measurement of hypertension, is reproduced hereinbelow:-

“3.Few examples are being cited for the guidance of Review Medical Board:-

a) to d) xxx-xxx-xxx

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 nature due to excitement etc. or whether it is due to any organic disease. In all such cases X-Ray and electro-cardiographic examinations of heart and blood examinations like cholesterol/lipid profile, S.creatinineetc, te