Neeraj Sharma v. Staff Selection Commission

1. This petition has been filed by the petitioner, challenging the report of the Detailed Medical Examination (‘DME’) dated 27.07.2023 and the report of the Review Medical Examination (‘RME’) dated 28.07.2023, declaring the petitioner ‘Unfit’ for recruitment to the post of Constable (GD) in the Central Armed Police Forces (CAPFs), SSF, Rifleman (GD) in Assam Rifles and Sepoy in Narcotics Control Bureau Examination, 2022 conducted by the Staff Selection Commission (‘SSC’).

2. The Impugned DME and the RME Reports have declared the petitioner ‘Unfit’ for recruitment to the above post on the ground that he was found to be suffering from ‘Scoliosis‟ and „Tachycardia’.

3. The learned counsel for the petitioner, placing reliance on Clause 7(e) of the ‘Guidelines for Review Medical Examination (RME) in Central Armed Police Forces & Assam Rifles for GOs and NGOs’ (hereinafter referred to as, ‘RME Medical Guidelines’) submits that if a candidate is to be rejected on the ground of him suffering from ‘Tachycardia’, the abovementioned guidelines require that the candidate should be admitted/hospitalized by the Board before giving the final opinion regarding the candidate’s fitness or otherwise, as in certain cases the rise in blood pressure may only be transient in nature due to excitement, etc. He submits that in the present case, neither the DME nor the RME followed this procedure laid down in the guidelines, which makes the reports liable to be set aside. In support of his submission, he places reliance on the Judgments of this Court in Ajay Budaniya v. Union of India & Ors., 2024 SCC OnLine Del 408 and Suraj Kumar v. Union of India & Ors., 2023 SCC OnLine Del 4685.

4. As far as „Scoliosis‟ is concerned, the learned counsel for the petitioner has placed reliance on the Report dated 05.08.2023 obtained by the petitioner from the Gajra Raja Medical College, J.A. Group of Hospitals, Gwalior, Madhya Pradesh, which has opined that ‘clinically and radiologically, no deformity in spine is seen’.

5. The learned counsel for the petitioner submits that in the facts of the present case, the petitioner should be directed to be re-examined by a fresh Medical Board.

6. On the other hand, the learned counsel for the respondents submits that both the DME and the RME reports found the petitioner to be suffering from ‘Scoliosis‟ and „Tachycardia’. Merely because the petitioner was not admitted to a hospital, does not mean that the reports should be suspected.

7. As far as ‘Scoliosis‟ is concerned, she submits that the RME Board has also observed drooping of the right shoulder of the petitioner, which is one of the visual signs mentioned in the ‘Guidelines for Recruitment Medical Examination in Central Armed Police Forces and Assam Rifles’ (hereinafter referred to as, ‘Recruitment Medical Guidelines’), that are to be observed by the Medical Board while determining if the candidate is suffering from ‘Scoliosis‟. She submits that merely because the private hospital did not find or report any deformity in the spine of the petitioner cannot be a ground for rejecting the opinion of the RME Board.

8. We have considered the submissions made by the learned counsels for the parties.

9. As far as Tachycardia is concerned, Clause 7(e) of the RME Medical Guidelines reads as under:

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 electrocardiographic examinations of heart and blood examinations like cholesterol/lipid profile, S. Creatinine etc, tests should also be carried out.”

10. A reading of the above would show that before declaring the candidate ‘Unfit’ for appointment on the ground of ‘Tachycardia‟, the Medical Board should have the candidate admitted to a hospital to observe the candidate over a period of time. This Court, in the judgments referred to hereinabove, has held that where the candidate is not hospitalized, it would call for a fresh Medical Examination of the candidate to be conducted in accordance with the RME Medical Guidelines.