SHARMA, J. - (1.) THE question that crop up for consideration in this writ petitioner is: " Whether the petitioner who has been disqualified for appointment as Sub Inspector (Stenographer) had such a health problem that affected his fitness caused disability. '
(2.) CONTEXTUAL facts depict that the petitioner, on selection as a result of an examination held in the month of August 1997 was offered the post of Sub Inspector (Stenographer) by the Dy. Inspector General of Police CRPF Allahabad. After conducting his pre-medical test, the petitioner was directed to appear before the Chief Medical Officer Khatkhati (Assam) vide letter dated January 31, 1998 by the Commandant, 123 Battalion CRPF Tuli (Nagaland) carried out by the Medical Board was forwarded to the Chief Medical Officer Khatkhati (Assam ). The Medical Officer, GC CRPF Khatkhati declared the petitioner unfit on the ground of Hypertension. But on Feb. 7, 1998, when the petitioner was examined by the Specialists at Dimapur Civil Hospital he was found medically fit for employment and certificate was issued to this effect. The petitioner was thereafter sent back by the Commandant 123 Battalion to Allahabad. In Tej Bahadur Sapru Hospital, Allahabad. The blood pressure and the pulse of the petitioner were found absolutely normal. Deen Dayal Upadhyay Hospital New Delhi also found the petitioner absolutely fit on the strength of medical certificates issued by the various Hospitals. The petitioner assailed the validity of the certificate of Medical Officer Khatkhati (Assam) by filing appeal. The petitioner was placed before the Board of Medical Officers of the CRPF but vide report dated March 23, 1998 he was declared unfit due to Hypertension, Tachydardia, Asymmetrical shoulder and Nervous instability. The said report was communicated to the petitioner on May 1, 1998. The petitioner being dissatisfied with the report got himself medically examined for continuous one month at SMS Hospital Jaipur where he was declared absolutely fit for any type of job vide certificate dated June 26, 1998. The petitioner therefore approached the Court seeking reinstatement on the post of Sub Inspector (Stenographer) from the date of his initial appointment with all consequential benefits and to declare his rejection on medical ground as bad in law. The respondents in the return to the writ petition averred that the petitioner was served with the offer of appointment subject to undergo detailed medical test by CRPF Medical Officer. On reporting at 123 Bn, the petitioner was sent to Chief Medical Officer GC CRPF Khatkhati for medical examination on January 31, 1998. After detailed medical examination the petitioner was declared unfit for the post of SI/steno due to disease of Hypertension. Thereafter on receipt of representation/appeal against the medical examination a Board of Medical officers consisting of three Senior Doctors chaired by Chief Medical Officer GC CRPF Rampur was constituted. The Medical Board thoroughly checked the petitioner and found him unsuitable for the offered post in CRPF due to following derormities: (i) Hypertension (ii) Tachycardia (iii) Asymmetrical shoulder (iv) Nervous instability and (v) Fissure in ano. The petitioner was not entitled to salary since he was not appointed to the post but only offer was given. The respondents further stated that all posts including clerical are provided with respective uniform and rank and accordingly all members of the Force ought to be medically/physically fit in all respect. In the rejoinder to the reply the petitioner reiterated the contentions raised in the writ petition. On March 19, 2002 this Court directed the respondent to get the petitioner examined by the Medical Board of the SMS Hospital Jaipur to be constituted by the Superintendent of the Hospital. The respondents were also directed to seek instruction from the authorities whether the petitioner can be disqualified for appointment as Sub Inspector even if he has some health problem, not to the extent of causing disability.
(3.) THE Medical Board comprising of five Doctors of SMS Hospital Jaipur on April 5, 2002 thoroughly examined the petitioner and found him fit for the post of Sub Inspector (Stenographer ). The writ petition was however dismissed by the learned Single Judge of this Court on August 14, 2003. The petitioner being aggrieved by the order of learned Single Judge filed Special Appeal. The Division Bench on February 6, 2004 directed the respondents to get a report from the expert regarding the disease from which the petitioner alleged to have been suffering. Pursuant to this order report of Dr. K. K. Saini was obtained that reads as under:- " INTER OFFICE NOTe (MEDICAL BRANCH) No. J. II-1/2003-04 Med. Pa Dated the 08 Mar' 04 Subject: SPL APPEAL (WRIT) No. 958/03 FILED BY SH. MOHAN SINGH VS. UOI IN SB CWP NO. 3699/98 IN The HIGH COURT OF RAJ AT JAIPUR BENCH. Please refer to your signal No. J. II-398/98-IWP dated 24. 2. 04 and ION even Number dated 27. 08. 2004. 2. Comments as desired are as under. 3. First of all let me give the background of the necessity of Medical examination as conceived of by the Govt. of India Ministry of Health for entry in Govt. Service. For clarity it can be said to have two parts. Copy of note of Ministry of Health attached. (i) One is the physical or mental disability due to disease/infirmity in the person which makes him unable to carry out the duties of the Job at present. (ii) The other aspect is the continuity of effective service in future during his appointment to prevent early pension or payments in case of premature death due to the disease/infirmities which may not have been causative for immediate disability but by its nature of getting increased or developing complications is more likely to result in early disability during service as compared to those who are normal. 4. With this in the back of mind the medical examination are done. Another factor at the time of mass recruitment being to get the individual, who is fit, in all respect rather than subjecting cases with suspected infirmities or disease to go in for extensive further investigations to conclude a diagnosis before declaring him finally fit which is both a time consuming and expensive affair. In this case the findings of the board as brought out are discussed individually one by one as stated below with the likely effect on service as required by the honorable court without going into the exact causative factors giving rise to the findings by the board. (i) Tachycardia: In lay man terminology is increased heart rate beyond 100/ per minute consistently or in Paroxysms. This may be due to various causes with result of producing palpitation, feeling of anxiety and uneasiness thus causing disruption in work at times. In addition the disability and its effect on work shall depend on the basic cause producing tachycardia. (ii) Hypertension i. e. , Raised blood pressure again may be primary or secondary and apart from producing features of headache, tension etc. the effects of the disease in case of secondary hypertension will also be there thus resulting in disruption of effective duty. Further apart from the effect of high Blood pressure as above itself the disease leads to complications of heart disease, cerebro vascular accidents especially in hypertensives of a younger age as the present individual at a later stage resulting in early invalidation etc. (iii) Assymetrical shoulder: This asymmetrical shoulder again could be due to some congenital abnormality or acquired lesions of Neuromuscular disease and it may lead to disability effect on proper movements of the affected joint apart from cosmetic effect both of which are not conductive in discharge of duties especially as a combatant steno where apart from the duties of steno, individual may have to do the arms drill and firing etc. in need. Exact disability however can be stated only when exact nature of underlying disease/infirmity is known. (iv) Nervous Instability: An individual who has features of over reaction to any stressful situation will be a liability and not able to perform the duties required of a combatant in situations of need, where he may have to face a situation of danger/exposure to risk in hostile area postings and thus will not be able to perform his duty properly apart from himself deteriorating in mental health. It is a well known fact that people of this nature can't be fit for the combatised service where postings could be to far flung, difficult areas with possibility of having to use weapons in need in combat. (v) Fissure in Ano: With this condition in its acute form the individual apart from the painful defecation shall not be able to sit properly without discomfort. With some pain and discomfort giving rise to anxiety will further complicate the issue and affect proper discharge of duties. As already brought out the possible effects on the duty/service have been given only on the findings of the board without the exact causative factor or disease being brought out especially for the findings at Sl. No. (i) + (iii ). Sd/- (Dr. K. K. Saini) Director/ipg Medical" ;