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2025 DAILYLAW 186683 (ALL)

SACHIN MISHRA v. U.O.I. THRU. SECY. HOME MINISTRY OF HOME AFFAIRS NEW DELHI AND 3 OTHERS

WRIA/13968/2025 · 2025-12-05

Manish Mathur

Writ Petition (Civil)body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 13968 of 2025 Court No. - 7 HON'BLE MANISH MATHUR, J. 1. Heard Mr. Hari Krishna Chaubey, learned counsel for petitioner and Mr. S.B. Pandey, learned Deputy Solicitor General of India assisted by Mr. Varun Pandey, learned counsel for opposite parties. 2. Present petition under Article 226 of Constitution of India has been filed challenging the Medical Board findings recorded on 17.11.2025 and the Review Medical Board dated 21.11.2025 whereby petitioner's candidature for appointment on the post of Constable in the Central Armed Police Force has been rejected on ground that he suffers from anemia. 3. It is submitted that in medical examination conducted on 17.11.2025, petitioner's Haemoglobin[hereinafter referred to as Hb] was indicated as 11.3 gm/dL but in Review Medical Board, it was indicated as 11.8 gm/dL. It is submitted that Review Medical Certification itself indicates that the normal range is between 12-16 gm/dL. He has also adverted to Certificate issued by District Hospital, Ayodhya dated 25.11.2025 in which his Hb count has been indicated as 12.4 gm/dL. 4. It is thus submitted that the aspect of low Hb count is not a permanent deficiency and in fact it is liable to improve. It is also submitted that even otherwise such a minor discrepancy does not Versus Counsel for Petitioner(s) : Manoj Kumar Mishra, Aditya Narayan, Anand Kumar, Hari Krishna Chaubey, Sudhanshu Singh Counsel for Respondent(s) : A.S.G.I. Sachin Mishra .....Petitioner(s) U.O.I. Thru. Secy. Home Ministry Of Home Affairs New Delhi And 3 Others .....Respondent(s) indicate that petitioner would be unable to preform his services to the satisfaction of opposite parties. Learned counsel has placed reliance on judgment rendered by Delhi High Court in Staff Selection Commission & ors v. Amit Goswami [W.P.(C) 14088 of 2024] as well as judgment rendered by this Court in Rupesh Kumar v. Union of India and others [WRIT - A No. - 5049 of 2020]. 5. Learned counsel for opposite parties on the basis of written instructions dated 02.12.2025, which are taken on record, has refuted the submissions advanced by learned counsel for petitioner with submission that no doubt Hb count of petitioner has been indicated as increased in the Review Medical Board but submits that the Hb count is required to be seen as on the date of physical examination and not subsequently, otherwise there would not be any end to the recruitment and selection process. 6. Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, it is no doubt admitted that petitioner's candidature has been rejected initially on ground of low Hb count. The Review Medical Board indicates a marginal increase in Hb count of petitioner from 11.3 gm/dL to 11.8 gm/dL and the subsequent certification issued on 25.11.2025 indicates the same to be 12.4 gm/dL. The said factors clearly indicate a rising trend in petitioner's Hb count. 7. The Review Medical Board held on 25.11.2025 indicates the normal range of Hb count to be 12 - 16 gm/dL, which is the same as indicated in the guidelines for Recruitment Medical examination in Central Armed Police Forces and Assam Rifles issued by Government of India as revised in May, 2015. 8. It is also not the case of the opposite parties that the ailment allegedly suffered by petitioner is permanent in nature. 9. So far as the submission of learned counsel for opposite parties is concerned that re-medical examination in such cicumstances would be never ending due to which the selection process can never come to an end, it is no doubt true that such re-medical examination cannot WRIA No. 13968 of 2025 2 be continued for ever since they would never bring the selection process to an end. However, a distinction is required to be drawn in cases where the candidate approaches this Court immediately and in those cases where challenge is being raised belatedly. 10. In the present case, it is evident that the Medical Board was constituted on 17.11.2025 with Review Medical Board being constituted on 21.11.2025 and Certificate of District Hospital being issued on 25.11.2025 whereafter this petition has been filed on 28.11.2025. The aforesaid factors clearly indicate that petitioner has approached this Court within a period of 11 days from the first rejection. In such circumstances and particularly the fact that petitioner's Hb count is indicating a rising trend, this Court finds it adequate reason for grant of indulgence which shall not be treated as a precedent. 11. In view thereof, the opposite parties are directed to constitute Medical Board for re-examination of petitioner's Haemoglobin counts within a period of ten days from the date a certified copy of this order is served upon authority concerned. In case petitioner's Haemoglobin count is found within range of 12 - 16 gm/dL, his candidature shall be recommended for being included in the select list to be issued for appointment on the post of Constables expeditiously. 12. Resultantly, the petition succeeds and is allowed at the admission stage itself. Parties to bear their own costs. 13. The impugned Medical Board shall be subject to final decision so taken by authorities. December 5, 2025 kvg/- WRIA No. 13968 of 2025 3 (Manish Mathur,J.) Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench