Case Note & Summary
The petitioner, Yadav Vaibhav Ravindra Kumar, applied for the post of Constable (General Duty) in the Central Reserve Police Force (CRPF) through the Staff Selection Commission. He was provisionally selected and underwent a Detailed Medical Examination (DME) at CISF Unit, Nashik, which declared him unfit due to 'Chest Wall Deformity (Pectus Carinatum)'. Aggrieved, he applied for a Review Medical Examination (RME), which declared him fit. Despite the RME opinion, the respondents did not issue an appointment order. The petitioner filed a writ petition seeking a direction to appoint him. The court considered the submissions of both sides. The respondents argued that the DME opinion was correct and the RME opinion was erroneous. However, the court noted that the RME is a superior medical board and its opinion should prevail. The court also observed that the deformity was not disabling and the petitioner had cleared all other tests. The court allowed the petition, directing the respondents to issue an appointment order within four weeks, with all consequential benefits from the date of appointment of other selected candidates.
Headnote
A) Service Law - Recruitment - Medical Fitness - Chest Wall Deformity - Detailed Medical Board declared candidate unfit; Review Medical Board declared fit - Court held that opinion of Review Medical Board is binding and benefit of doubt should be given to candidate - Petition allowed, respondents directed to issue appointment order within four weeks (Paras 1-6).
Issue of Consideration
Whether the petitioner, who was declared unfit by the Detailed Medical Examination Board due to chest wall deformity, but later declared fit by the Review Medical Examination Board, should be granted appointment to the post of Constable (GD) in CRPF.
Final Decision
The petition is allowed. The respondents are directed to issue an appointment order to the petitioner within four weeks from today, with all consequential benefits from the date of appointment of other selected candidates.
Law Points
- Medical fitness in recruitment
- review medical board opinion binding
- benefit of doubt to candidate
- chest wall deformity not a disqualification
Case Details
Writ Petition No. 1251 of 2026
Ravindra V. Ghuge, Abhay J. Mantri
Mr. Pawankumar R. Prasad for Petitioner; Mr. Rui Rodrigues a/w Mr. Aalekh Wagh for Respondent Nos.1,3,4,6,7
Union of India, Secretary, Ministry of Home Affairs; Secretary, Staff Selection Commission; Under Secretary, Ministry of Home Affairs; Director General, CRPF; Regional Director (Western Region), Staff Selection Commission; Detailed Medical Examination Board; Review Medical Examination Board
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Nature of Litigation
Writ petition challenging rejection of candidature on medical grounds in CRPF recruitment.
Remedy Sought
Direction to respondents to issue appointment order to the petitioner for the post of Constable (GD) in CRPF.
Filing Reason
Petitioner was declared unfit by Detailed Medical Examination Board but later declared fit by Review Medical Examination Board; yet appointment was not issued.
Previous Decisions
Detailed Medical Examination Board declared petitioner unfit; Review Medical Examination Board declared him fit.
Issues
Whether the opinion of the Review Medical Board should prevail over the Detailed Medical Board?
Whether the petitioner is entitled to appointment despite initial medical rejection?
Submissions/Arguments
Petitioner argued that the Review Medical Board, being a superior board, declared him fit and its opinion should be binding.
Respondents argued that the Detailed Medical Board's opinion was correct and the Review Medical Board's opinion was erroneous.
Ratio Decidendi
The opinion of the Review Medical Board, being a superior medical authority, is binding and should be given weight. In case of doubt, the benefit should go to the candidate.
Judgment Excerpts
We have considered the strenuous submissions...
The Review Medical Board has opined that the petitioner is fit...
We are of the view that the opinion of the Review Medical Board should prevail...
The petition is allowed.
Procedural History
Petitioner applied for CRPF Constable (GD) post; provisionally selected; Detailed Medical Examination declared unfit; Review Medical Examination declared fit; no appointment order issued; filed writ petition.
