Existing Service in Lower Rank Does Not Ipso Facto Overrule Medical Disqualification for Higher Post Promotional Appointments

The petitioner, currently serving as a Constable GD in the Central Industrial Security Force (CISF), applied for the post of Assistant Sub-Inspector (Executive) through the Limited Departmental Competitive Examination (LDCE)

On 18.12.2024, the Review Medical Board (RMB) declared the petitioner "UNFIT" due to "multiple lipomatous swelling over both upper limbs and over abdomen"

The RMB cited Para Xii B Sub Para 4(a) of the Recruitment Guidelines for CAPF 2015, stating the location and size of the cysts would interfere with the wearing of combat equipment

The petitioner challenged this opinion, contending that his condition does not hinder his current duties as a Constable

Whether the medical findings of the Review Medical Board regarding the petitioner’s "multiple lipoma" justify disqualification for the post of ASI (Executive) under the applicable recruitment guidelines.

Whether an independent medical evaluation is required to determine the functional impact of the petitioner's medical condition on his duties.

The court's directions were guided by the Recruitment Guidelines for CAPF 2015, specifically Page No. 32-33, Para Xii B, Sub Para 4(a), which disqualifies candidates with cysts of a size or location that interfere with the proper wearing of combatised equipment

The court also referred to the precedent of *Shubham Malik v. Union of India & Ors.*, W.P.(C) 5708/2025 (23.07.2025), cited by the petitioner to support the claim for appointment against existing vacancies

The court noted the petitioner’s argument that he is already a serving member of the force and has performed his duties without difficulty despite the lipoma

Rather than adjudicating on the medical merits itself, the court exercised its equitable jurisdiction to ensure an objective assessment.

It directed a fresh examination by an independent specialist body—the Army Hospital (Research and Referral)—to verify if the medical conditions cited by the RMB actually exist and, crucially, to provide a "specific opinion" on whether such conditions would impede the petitioner's specific functional requirements as an ASI (Executive)

The court emphasized that the standard for the medical board must be the parameters applicable to the post of ASI (Executive)

If the Army Hospital finds the petitioner fit, the respondents must allow him to join the next training batch, with seniority relating back to his original batch, though without back wages

If found unfit by the Army Hospital, the petitioner must accept that conclusion as final without further challenge

The respondents were directed to produce all medical records for the board's consideration