( 1 ) THIS appeal is directed against the order of the learned single Judge dismissing Writ Petition No. 2508 of 1977. The facts leading to the appeal are mostly undisputed and may briefly be stated as follows : ( 2 ) THE Reserve Bank of India (the 'bank'), the appellant herein, invited applications for the posts of Clerks in grade II. Gururaja Rao, respondent herein, was one of the applicants. He was successful in the written test and also in the inteiview. An offer of appointment dated February 4, 1977 was communicated to him containing, inter alia, the following conditions :" (i) to (iv)xxxxxx (v) His appointment is subject to his being found medically fit for setvice in the Bank by the Bank's medical Officer. The Bank's decision in regard to his fitness or unfitness will be final and no correspondence in this regard will be entertained by the Bank in any circumstances. (vi) His continuance in the Bank's service will depend, among other things, on his being found medically fit for service in the Bank by the bank's Medical Officer on re-examination after a period of six months from the date of his appointment. He may thereafter be continued in service subject to further re-examination, but in no event will be continued in service beyond a perioj of one year from the said date unless, before the expiry of that period he is found by the Bank's Madical Officer to be medically fit. failing which his services are liable to be terminated forthwith Without any notice or compensation in lieu thereof. The bank will not reimburse any expenditure incurred by him in connection with his treatment, medical re-examination etc. "gururaja Rao accepted the said offer of appointment by his communication dated February 15, 1977. He was thereafter called for medical examination. The Bank's Medical Officer examined him on February 22, 1977. He was found normal in all respects save his weight which was then 198 Ibs. It was considered as over-weight by about 33 ibs. The Medical Officer issued a certificate in the following terms :"certificate of Medical Fitness for employment in the Reserve bank of India. The Bank's Medical Officer examined him on February 22, 1977. He was found normal in all respects save his weight which was then 198 Ibs. It was considered as over-weight by about 33 ibs. The Medical Officer issued a certificate in the following terms :"certificate of Medical Fitness for employment in the Reserve bank of India. I do hereby certify that I have examined Shri M. R. Gururaja Rao, a candidate for employment in the Reserve Bank of India and cannot discover that he has any disease, constitutional affliction or bodily infirmity, except obesity and over-weight slight with hyper tension. I do consider this a disqualification for employment in the Reserve Bank of india as per rules of the Bank. His age is according to his own statement 23 years, and by appearance about 23 years. Reserve Bank of India, bangalorp-560 002 Sd/- 22-2-1977. Medical Officer"the certificate shows that Gururaja rao did not suffer from any disease or bodily infirmity, except obesity and over-weight coupled with a slight hyper-tension. The Medical Officer considered this over-weight as a disqualification for employment as per the rules of the Bank. In view of this certificate, Gururaja Rao was not given employment and the earlier offer made to him was withdrawn by the Bank's letter dated March 4, 1977. Challenging the Bank's refusal to appoint, Gururaja Rao moved this Court with Writ Petition No. 2508/77 seeking a writ of mandamus egainst the Bank to give him an appointment. The learned single Judge allowed the writ petition directing the Bank to reconsider the case of Gururaja Rao after subjecting him to a further medical examination without reference to the criteria laid down in the Bank's circular dated January 7, 1970. ( 3 ) IT is now necessary to state something ebout the Bank's circulars regarding medical examination of candidates for recruitment. The Bank has, from time to time, issued certain instructions by way of guidance to Medical Officers with regard to pre-recruitment medical examination of candidates. One such memorandum was dated March 23, 1967. It was followed by a confidential letter dated november 6, 1969 from the Deputy manager of the Bank at Bombay to all the centres of the Bank. Those instructions seem to have been revised on November 6, 1969 and again on January 7, 1970. One such memorandum was dated March 23, 1967. It was followed by a confidential letter dated november 6, 1969 from the Deputy manager of the Bank at Bombay to all the centres of the Bank. Those instructions seem to have been revised on November 6, 1969 and again on January 7, 1970. The circular dated January 7, 1970 was produced before the learned single Judge perhaps in justification of the certificate of medical fitness issued by the Bank's Medical Officer. It referred to the standard height and weight of candidates seeking employment in the bank. It was argued that the refusal to appoint Gururaja Rao for the post for which he was selected was arbitrary, since it was solely based on the conditions of medical fitness which were never disclosed to candidates. It was also urged before the learned single judge that if the criteria of medical fitness had been made known to the candidate, he would have acquired those qualifications and made himself fit accordingly, or he would have challenged the validity of those qualifications prescribed for the post. On the first part of the contention, learned Judge observed that the instructions regarding the medical fitness laid down by the bank were in the nature of additional criteria or conditions of eligibility of all candidates and, therefore, those conditions of eligibility must have been made known to all candidates while inviting applications for the posts. The candidates have the right to know all the conditions of eligibility before hand so as to enable them to conform to the qualifications if possible, or to question its validity if aggrieved. The learned judge thereupon held that without disclosing the criteria or conditions of eligibility to the candidates competing for appointment, the application of such criteria or conditions of eligibility confidentially circulated would be arbitrary. discriminatory and opposed to the right to equality guaranteed under Articles 14 and 16 (1) of the Constitution. So stating, the learned Judge allowed the writ petition with a direction to the bank to re-consider the case of Gururaja rao for appointment after subjecting him for further medical examination and appoint him if the Medical Officer certifies that he is medically fit. So stating, the learned Judge allowed the writ petition with a direction to the bank to re-consider the case of Gururaja rao for appointment after subjecting him for further medical examination and appoint him if the Medical Officer certifies that he is medically fit. The learned Judge also directed the Medical officer to consider the fitness of Gururaja Rao to take up the appointment in the Bank without reference to the criteria laid down in the said confidential circular dated January 7, 1970. ( 4 ) NOW it becomes clear that gururaja Rao had overweight disproportionate to his height, as per the standard approved by the Bank. He was weighing 33 Ibs more than the weight relatable to his height by that standard. He had also slight hypertension, but that was not a disqualification as per the guidelines laid down by the Bank. ( 5 ) IN this appeal, the contention of mr. Sundaraswamy, learned counsel for the Bank, to put it in laconic details, are : that the view taken by the learned single Judge cannot be sustained inasmuch as the criteria laid down by the bank as regards the height, weight measurements of candidates seeking recruitment are not terms of employment. They were instructions to Medical Officers intended to ensure that the selected candidates would render uninterrupted service to the public. They were also intended to ensure uniformity in issuing medical fitness certificates to candidates at all centres of recruitment. Such instructions are, therefore, not required to be intimated to candidates. ( 6 ) MR. Raikar, learned counsel for the respondent, while justifying the view taken by the learned single Judge, has urged that the certificate of fitness issued by the Medical Officer was solely based on the conditions prescribed by the Bank and not on the general condition of health of the candidate. The conditions prescribed by the Bank left very little discretion to Medical Officers to form their own opinions as to the medical fitness of the candidate. Such conditions which take away the discretion of Medical Officers must be regarded as terms of employment. The candidate must be made aware of those conditions of selection to enable them to conform to the lequirements or to challenge the same if unreasonable or unrelated to the nature of duties of the post. Such conditions which take away the discretion of Medical Officers must be regarded as terms of employment. The candidate must be made aware of those conditions of selection to enable them to conform to the lequirements or to challenge the same if unreasonable or unrelated to the nature of duties of the post. ( 7 ) IN our opinion, there is considerable misunderstanding or confusion as to the scope and purpose of the confidential guidelines issued by the Bank to medical Officers. The confusion, perhaps is due to the fact that those guidelines remained in obscurity and not fully disclosed or revealed to the parties or to learned single Judge. It was only before us that the counsel for the Bank has made available some of those confidential communications. We will presently consider them in detail, but before doing that it will be useful to take note of the general practice followed in all systems of recruitment. Whether it is in public service or private employment, medical fitness of selected candidates is generally insisted upon. The candidates are subjected to medical examination to find out whether they are physically fit and mentally alert to discharge the duties of the posts to which they are selected. In the disciplined force like Military Service or police Force, physical fitness is strictly insisted upon, regard being had to the nature of the duties to be performed by the selected candidates. In other services, the discretion to issue medical fitness certificates is usually left to the medical Boarder Medical Officer appointed for the purpose. ( 8 ) SO far as the Reserve Bank is concerned, it has selection centres situated in different States. In each centre, there are Medical Officers authorised to examine candidates selected for recruitment in the Bank. It appears the Bank's medical Officers at various centres have made some suggestions for issuing medical fitness certificates. In the light of those suggestions and the practice followed for recruitment in Government service, the Central Office of the Bank at Bombay issued certain instructions for the guidance of their Medical Officers. The instructions were communicated confidentially to the Manager of the Bank in all centres. The first question herein is-whether the standard prescribed as to height-weight measurements of candidates seeking employment in the Bank are in the nature of conditions of employment or qualifications prescribed for the posts ? The instructions were communicated confidentially to the Manager of the Bank in all centres. The first question herein is-whether the standard prescribed as to height-weight measurements of candidates seeking employment in the Bank are in the nature of conditions of employment or qualifications prescribed for the posts ? The second question is whether that standard or guidelines as to the health of candidates ought to have been intimated to them at the time of inviting applications for the posts or at any time afterwards before they are subjected to medical Examination. The answer to these questions, in our opinion, could be easily found if the confidential communications of the Bank are closely perused. The Circular dated March 23, 1967 reads :"reserve BANK OF INDIA central OFFICE department OF administration and PERSONNEL, bombay No. 1 rec. No. 3254/20a-66/67 23rd March 1937 2nd Chaitra 1889 (Saka) confidential the Manager, reserve Bank of India, bangalore and other centres. Dear Sir, staff-pre-recruitment- medical Examination please refer to our letter Rec. No. 991/20a-65 dated 30th September 1964 on the above subject. 2. In the light of the suggestions received from the Bank's Medical officers at various centres and the practice followed by Government in this regard, we have drawn up a memorandum of instructions for the guidance of our offices. The memorandum outlines the standards of medical fitness that should generally be followed by our Medical Officers in respect of pre-recruitment medical tests. The instructions contained therein are intended to ensure a measure of uniformity at our various offices in so far as standards of fitness are concerned. The memorandum is fairly comprehensive but in cases of doubt the Bank's Medical officers may exercise their own judgment in the light of the general criteria laid down in the memorandum the above instructions have been reviewed and fresh instructions have been issued to all the regional Managers of the Bank by a letter dated January 7, 1970 which is in the following terms : reserve BANK OF INDIA central OFFICE department OF administration AND PERSONNEL bombay-1. Rec. No. 1947/20a-69/70 january 7, 1970 pausa 17, 1891 (Saka) confidential the Manager, reserve Bank of India, all Offices -. Dear Sir, staff-Pre-recruitment medical Examination please refer to our circular letter rec. No. 1184/20a-59/70 dated 6th november 1969 and your reply thereto. 2. Rec. No. 1947/20a-69/70 january 7, 1970 pausa 17, 1891 (Saka) confidential the Manager, reserve Bank of India, all Offices -. Dear Sir, staff-Pre-recruitment medical Examination please refer to our circular letter rec. No. 1184/20a-59/70 dated 6th november 1969 and your reply thereto. 2. The position has since been reviewed in Centrar Office in the light of the views expressed by the Bank's medical Officers attached to our offices at various centres. It has now been decided that the body-weights prescribed in the height-weight schedule in paragraph 1 of the memorandum forwarded with our circular letter rec. No. 3254/20a-66/67 dated 23rd march 1967 should be amended as in the Annexure. Besides, a deficiency in body-weights to the extent of 5 Ibs in the case of male candidates and 7 Ibs. in the case of female candidates from the revised minimum weights may be allowed and the candidates put on medical probation, provided the Bank's Medical Officer is satisfied that the weight deficiency is not due to any definite disease or organic defect as stated in our letter Rec. No. 2962/20a/67-88 dated 25th April 1968. 3. In the case of candidates for the posts of Durwans it should be ensured that they possess good physique and are fit to discharge the duties to be entrusted to them. For this purpose, the Bank's Medical Officers may, at their discretion, apply higher standards of body weights than those proposed in the Annexure. 4. The above instructions will come into force with immediate effect. Past cases where the candidates were already advised of the results of the medical examination need not, however, be re-opened. Yours faithfully, sd'/- Deputy Manager. " ( 9 ) THE relevant portion of the table of body weight and height laid down by circular dated March 23, 1967 is as follows : l I. C. Standard of body standard weight proposed to be laid down