Rajasthan HC Directs Re-Examination Of Candidate Declared Unfit For Post Of Constable Without Prescribed Medical Test, Orders Post To Be Kept Vacant

The bench of Justice Arun Monga at the Rajasthan High Court allowed petition by a candidate for the post of constable who was declared medically unfit on account of hypertension without conducting a 24-hours Ambulatory Blood Pressure Monitoring (ABPM) Test and directed the State to re-examine the candidate and till then keeping a post vacant for him.The petitioner had applied for the post of constable in which he was declared successful in all the tests. When he appeared for the medical examination, he was declared unfit due to hypertension. However, he was asked to apply for an RME. Subsequently, when his RME was conducted in which his blood pressure was measured twice, it was deemed normal but according to the specialist cardiologist, it was recommended that he underwent a 24-hour ABPM Test. However, instead of conducting the test, the officials accompanying him chose to overwrite the cardiologist's opinion that the result of his RME shall be declared with other candidates. When the results came, the petitioner was declared unfit on account of hypertension with a statement that he was kept in observation for 24 hours with his average BP at 152/96. It was the case of the petitioner that instead of following the recommendation of the cardiologist to let him undergo the 24 hours ABPM test, he was declared unfit based on average blood pressure which was completely incorrect in the opinion of the cardiologist. It was also argued that the conduct was also in violation of the guidelines of RME. Hence, the petition was filed. After hearing the contentions, the Court highlighted that the Review Medical Board's medical opinion was based on 3 different readings of the petitioner's BP which was conducted within a short span of 8.5 hours. The Court referred to the guidelines for measurement of hypertension to be followed by the Review Medical Board that laid down, “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 Court held that the petitioner's blood pressure was measured without admitting or hospitalizing him or even observing him for 24 hours, which was against the guidelines. Hence, he was declared unfit in complete violation of the applicable guidelines. Accordingly, the Court allowed the petition, directing that the petitioner shall be re-examined by keeping him under observation for 24 hours and recording his BP at different intervals, and till a fresh medical opinion was arrived at, one post shall be kept vacant for the petitioner who was otherwise found to be meritorious and eligible. Title: Sailendra v Union of India & Ors. Citation: 2024 LiveLaw (Raj) 412Click Here To Read/Download Order

Rajasthan HC Directs Re-Examination Of Candidate Declared Unfit For Post Of Constable Without Prescribed Medical Test, Orders Post To Be Kept Vacant

Nupur Agrawal

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