1. The present Intra Court Appeal filed u/S. 2 (1) of Madhya Pradesh Uchcha Nyayalaya (Khandpeeth Ko Appeal) Adhiniyam, 2005 assails final
order dated 31/1/19 passed in W.P. No. 18091/17 by learned Single Judge while exercising writ jurisdiction under Article 226 of the Constitution of
India dismissing a petition filed by the petitioner/appellant seeking quashment of Annexure P/1 rejecting the candidature of petitioner for appointment
to the post of Constable (GD) in CRPF on the ground that the certificate produced by petitioner in Review Medical Test was not obtained from
Medical and Surgical Specialist.
2. Learned single Judge relying upon instructions dated 12/7/16 (reproduced in the impugned order at internal page 3 and 4) held that since the
certificate vide P/10 produced by petitioner/appellant in the Review Medical Test was by Dr. H.S. Rawat, Medical Officer Govt. Hospital S.P.A.
Gwalior (MBBS, MD (AM)) Registration No. 7290 dated 16/5/16 but not by a specialist Medical Officer, the same was rightly declined to be
considered by the Review Medical Board and therefore, the decision to reject the candidature was proper.
3. Learned counsel for the petitioner/appellant has invited attention of this court to the instructions dated 12/7/16 vide P/9 to emphasize the point that
the medical certificate required to be produced by a candidate seeking Review Medical Test should be from a medical practitioner (Specialist Medical
Officer of Govt. District Hospital), as per form No. CAPFs Constable (GD)-2015/3. The attention of this court is further invited to Annexure P/10
which is the form No. CAPFs Constable (GD)-2015/3.
4. The medical certificate stipulated to be produced by a candidate seeking Review Medical Examination is exclusively as per the said two instructions
i.e. Annexure P/9 and P/10, which are being reproduced for ready reference and convenience:-
Annexure P/9
CAPF s (CONSTABLE) (GD) MEDICAL EXAMINATION-2015
FORM NO. CAPFs (CONSTABLE) (GD)/1
MEMORANDUM UNIT
Subject : Medical examination of candidates for combined recruitment of Constable (GD) in Central Armed Police Forces (CAPFs)-Review Medical
Examination of unfit candidates.
Mr/Ms. Jitendra Roll No. 6005022765 is hereby informed that he/she has been medically examined for recruitment of constable (GD) in BSF CAPFs
on 12-05-16 At CSWT BSF Indore and found him/her UNFIT due to the reasons mentioned below :-
(1) Hg Pretension BP - 150/100mm Hq Required less than 140/90 .........
(2) Gross Varicose vein Both leg.
2. In case he/she prefers to file an appeal against the findings of Medical examination, he/she is advised to apply for review medical examination in the
enclosed Form No. CAPS s (Constable) (GD) /2 (to be provided by P.O.) along with demand draft for Rs. 25/- in favour of IG & Commandant
CSWT BSF Bijasan Road BSF Campus Indore M.P. (address to be filed up by Medical Board who conducted medical examination of candidate)
after obtaining necessary medical certificate from the Medical Practitioner (Specialist Medical Officer of Govt. District Hospital and above) as per
Form No. CAPF s (Constable) (GD) /3, so as to reach to the addressee within a period of 15 days from the date of Medical Examination i.e.
positively by 28-05-2016 failing which his/her candidature for recruitment of Constable (GD) in CAPFs for the year 2015-16 shall be treated as
cancelled without any further notice. If the appeal is not signed by the candidate and/ or if the Medical Fitness Certificate is not signed by the Doctor
appeal will be summarily rejected.
3. All documents as per check list mentioned in the enclosed Form No. CAPFs (Constable) (GD) /2 must be attached along with the appeal failing
which the appeal will not be considered.
4. Photograph, Thumb impression and candidate signature on the fitness certificate shall be attested by concerned Medical Practitioner (Specialist
Medical officer of Govt. District Hospital and .............If fitness certificate received without attestation, the same will be rejected summarily.
Sd/- & Seal unreadable
Signature of Medical Officers
Name .....................................
Name of Father .....................
Date .......................................
Centre ....................................
Result of Medical Examination received along with copy of Form No. CAPFs (Constable)(GD) /2 & 3
Sd/- & Seal unreadable
Sd/- Jitendra Singh
(Name & Signature of Candidate)
Annexure P/10
ANNEXURE - V (FOR CANDIDATE)
FORM NO. CAPFs (CONSTABLE (GD) - 2015/3
Medical Practitioner to attest Photograph & Photo Thumb impression of Candidate of Candidate Certificate that Mr/MS Jitendra S/o Alok Age 20
years a candidate of combined recruitment of Constable (GD)-2015 in CAPFs whose photo and thumb impression are appended above duly attested
by me was examined by me at Hospital C.D. Shamb Pratap Ashram on date 16.05.2016
2. I that, undersigned have the knowledge that Mr./Ms Jitendra S/o Shree Ashok has been declared Medically Unfit by the Medical Officer for
combined recruitment of Constable (GD)-2015 in CAPFs due to -
(1) Hypertention
(2) Vericose Vein both legs
In my opinion this is an error of the judgement due to following reasons -
(a) O/E BP - 140/86
(b) There is no Vericose Venos in both legs.
3. After due examination declare him/her medically fit for the said post.
Dated : 16.05.2016
Signature & Name with seal of Specialist
Medical Officer of concerned field
Registration No. ....................................
(MCI / State Medical General)
Designation.............................................
Name & Address of Govt. Hospital
(District Hospital and above)
Sd/- Jitendra Singh
Signature of the Candidate
(in present of Medical practitioner)
Signature & Name with seal of Specialist
Medical officer of concerned field
Note : 1) The findings of the Medical should be supported by medical reports/documents wherever applicable.
2) The photograph thumb impression and signature of the candidates should be attested by Medical Practitioner giving this Medical fitness Certificate.
Un-attested forms shall be summarily rejected.
3) CAPFs shall not be responsible for postal delay.
4.1 The medical certificate produced by the petitioner/appellant is annexed as Annexure P/10 dated 16/5/16 which certifies that on examination the
blood pressure of the candidate/petitioner was found to be 140/86 and there are no vericose veins in both legs. This certification is issued by Dr. H.S.
Rawat, Medical Officer Govt. Hospital S.P.A. Gwalior (MBBS, MD (AM)) Registration No. 7290 dated 16/5/16.
4.2 From the designation of Dr. H.S. Rawat, it is evident that he is a Medical Officer in the Govt. Hospital S.P.A. Gwalior who appears to be a
specialist in the field of medicine.
4.3 When the said certificate dated 16/5/16 vide P/10 is tested on the anvil of the aforesaid instructions, it is seen that the instructions vide P/9 stipulate
the candidate to produce medical certificate from a specialist Medical Officer of Govt. Hospital. This means that the certificate should be issued after
examination by a person equipped with post graduate decree in the field of medicine. The instructions do not further qualify the discipline in which a
specialist issuing the certificate should have a post graduate degree. In the absence of any such stipulation, it cannot be insisted upon that the specialist
Medical Officer should be armed with a post graduate degree in the field to which the ailment concerns.
4.4 Even otherwise the certificate Annexure P/10 produced by the petitioner/appellant is by a specialist doctor in the field of medicine and the ailment
allegedly suffered by the petitioner was not of such a nature which could not have been examined and certified by a medical specialist.
4.5 Moreso in the absence of any specific instruction that certification is to be only by a specialist doctor in the concerned field or by a surgical
specialist, no fault could have been found with the certificate produced by the petitioner/appellant vide P/10.
4.6 While making the aforesaid observation, this court is conscious of its limitation in the field of medicine, but even going by the natural course of
things the aliment of vericose veins in legs can easily be diagnosed and certified by a doctor who is a specialist in the field of medicine.
4.7 The impugned order rejects the candidature of petitioner on the ground that the certification is not by a medical and surgical specialist. The reason
so assigned reveals the mind of the competent authority that the certification is required not only of a medical but also a surgical specialist. Certificate
dated 16/5/16 vide P/10 herein no doubt is by a medical specialist but not by a surgical specialist. However, the instructions vide P/9 and P/10 do not
stipulate furnishing of a certificate by a candidate seeking Review Medical Examination, by a surgical specialist and thus the reason assigned for
rejecting the candidature of petitioner by the impugned order vide P/1 cannot be sustained in the eyes of law as the same is dehorse the instructions of
the respondent authority.
5. In view of above, we have no manner of doubt that the impugned order rejecting the candidature of petitioner vide P/1 cannot be sustained in the
eyes of law.
6. Consequently, this writ appeal stands allowed. The impugned orders vide A/1 passed by learned Single Judge on 31/1/19 in W.P. No. 18091/17 and
Annexure P/1 qua the appellant are set-aside with the direction to the competent authority to reconsider the case of petitioner/appellant on the strength
of said medical certificate dated 16/5/16 vide P/10 by holding a Review Medical Test withing a period of 30 days from the date of receipt of copy of
this order and communicate the decision of Review Medical Examination to the petitioner/appellant who is free to assail the decision if the same is
adverse to his interest.
Needless to empasise that if the Review Medical Test result is in favour of petitioner then petitioner shall be considered for appointment as Constable
(GD) in CRPF.
No cost.
