Honble SHARMA, J.–The question that crop up for consideration in this writ petitioner is: ``Whether the petitioner who has been disqualified for appointment as Sub Inspector (Stenographer) had such a health problem that affected his fitness caused disability. (2). Contextual facts depict that the petitioner, on selection as a result of an examination held in the month of August 1997 was offered the post of Sub Inspector (Stenographer) by the Dy. Inspector General of Police CRPF Allahabad. After conducting his pre-medical test, the petitioner was directed to appear before the Chief Medical Officer Khatkhati (Assam) vide letter dated January 31, 1998 by the Commandant, 123 Battalion CRPF Tuli (Nagaland) carried out by the Medical Board was forwarded to the Chief Medical Officer Khatkhati (Assam). The Medical Officer, GC CRPF Khatkhati declared the petitioner unfit on the ground of Hypertension. But on Feb. 7, 1998, when the petitioner was examined by the Specialists at Dimapur Civil Hospital he was found medically fit for employment and certificate was issued to this effect. The petitioner was thereafter sent back by the Commandant 123 Battalion to Allahabad. In Tej Bahadur Sapru Hospital, Allahabad. The blood pressure and the pulse of the petitioner were found absolutely normal. (3). Deen Dayal Upadhyay Hospital New Delhi also found the petitioner absolutely fit on the strength of medical certificates issued by the various Hospitals. The petitioner assailed the validity of the certificate of Medical Officer Khatkhati (Assam) by filing appeal. The petitioner was placed before the Board of Medical Officers of the CRPF but vide report dated March 23, 1998 he was declared unfit due to Hypertension, Tachydardia, Asymmetrical shoulder and Nervous instability. The said report was communicated to the petitioner on May 1, 1998. The petitioner being dissatisfied with the report got himself medically examined for continuous one month at SMS Hospital Jaipur where he was declared absolutely fit for any type of job vide certificate dated June 26, 1998. The petitioner therefore approached the Court seeking reinstatement on the post of Sub Inspector (Stenographer) from the date of his initial appointment with all consequential benefits and to declare his rejection on medical ground as bad in law. (4). The respondents in the return to the writ petition averred that the petitioner was served with the offer of appointment subject to undergo detailed medical test by CRPF Medical Officer. (4). The respondents in the return to the writ petition averred that the petitioner was served with the offer of appointment subject to undergo detailed medical test by CRPF Medical Officer. On reporting at 123 Bn, the petitioner was sent to Chief Medical Officer GC CRPF Khatkhati for medical examination on January 31, 1998. After detailed medical examination the petitioner was declared unfit for the post of SI/Steno due to disease of Hypertension. Thereafter on receipt of representation/appeal against the medical examination a Board of Medical officers consisting of three Senior Doctors chaired by Chief Medical Officer GC CRPF Rampur was constituted. The Medical Board thoroughly checked the petitioner and found him unsuitable for the offered post in CRPF due to following derormities: (i) Hypertension (ii) Tachycardia (iii) Asymmetrical shoulder (iv) Nervous instability and (v) Fissure in ano. The petitioner was not entitled to salary since he was not appointed to the post but only offer was given. The respondents further stated that all posts including clerical are provided with respective uniform and rank and accordingly all members of the Force ought to be medically/physically fit in all respect. (5). In the rejoinder to the reply the petitioner reiterated the contentions raised in the writ petition. (6). On March 19, 2002 this Court directed the respondent to get the petitioner examined by the Medical Board of the SMS Hospital Jaipur to be constituted by the Superintendent of the Hospital. The respondents were also directed to seek instruction from the authorities whether the petitioner can be disqualified for appointment as Sub Inspector even if he has some health problem, not to the extent of causing disability. (7). The Medical Board comprising of five Doctors of SMS Hospital Jaipur on April 5, 2002 thoroughly examined the petitioner and found him fit for the post of Sub Inspector (Stenographer). (8). The writ petition was however dismissed by the learned Single Judge of this Court on August 14, 2003. (9). The petitioner being aggrieved by the order of learned Single Judge filed Special Appeal. The Division Bench on February 6, 2004 directed the respondents to get a report from the expert regarding the disease from which the petitioner alleged to have been suffering. Pursuant to this order report of Dr. K.K. Saini was obtained that reads as under:– ``INTER OFFICE NOTE (MEDICAL BRANCH) No. J.II-1/2003-04 Med. The Division Bench on February 6, 2004 directed the respondents to get a report from the expert regarding the disease from which the petitioner alleged to have been suffering. Pursuant to this order report of Dr. K.K. Saini was obtained that reads as under:– ``INTER OFFICE NOTE (MEDICAL BRANCH) No. J.II-1/2003-04 Med. PA Dated the 08 Mar 04 Subject: SPL APPEAL (WRIT) No. 958/03 FILED BY SH. MOHAN SINGH VS. UOI IN SB CWP NO. 3699/98 IN THE HIGH COURT OF RAJ AT JAIPUR BENCH. Please refer to your signal No. J.II-398/98-IWP dated 24.2.04 and ION even Number dated 27.08.2004. 2. Comments as desired are as under. 3. First of all let me give the background of the necessity of Medical examination as conceived of by the Govt. of India Ministry of Health for entry in Govt. Service. For clarity it can be said to have two parts. Copy of note of Ministry of Health attached. (i) One is the physical or mental disability due to disease/infirmity in the person which makes him unable to carry out the duties of the Job at present. (ii) The other aspect is the continuity of effective service in future during his appointment to prevent early pension or payments in case of premature death due to the disease/infirmities which may not have been causative for immediate disability but by its nature of getting increased or developing complications is more likely to result in early disability during service as compared to those who are normal. 4. With this in the back of mind the medical examination are done. Another factor at the time of mass recruitment being to get the individual, who is fit, in all respect rather than subjecting cases with suspected infirmities or disease to go in for extensive further investigations to conclude a diagnosis before declaring him finally fit which is both a time consuming and expensive affair. In this case the findings of the board as brought out are discussed individually one by one as stated below with the likely effect on service as required by the honorable court without going into the exact causative factors giving rise to the findings by the board. (i) Tachycardia: In lay man terminology is increased heart rate beyond 100/ per minute consistently or in Paroxysms. (i) Tachycardia: In lay man terminology is increased heart rate beyond 100/ per minute consistently or in Paroxysms. This may be due to various causes with result of producing palpitation, feeling of anxiety and uneasiness thus causing disruption in work at times. In addition the disability and its effect on work shall depend on the basic cause producing tachycardia. (ii) Hypertension i.e., Raised blood pressure again may be primary or secondary and apart from producing features of headache, tension etc. the effects of the disease in case of secondary hypertension will also be there thus resulting in disruption of effective duty. Further apart from the effect of high Blood pressure as above itself the disease leads to complications of heart disease, cerebro vascular accidents especially in hypertensives of a younger age as the present individual at a later stage resulting in early invalidation etc. (iii) Assymetrical shoulder: This asymmetrical shoulder again could be due to some congenital abnormality or acquired lesions of Neuromuscular disease and it may lead to disability effect on proper movements of the affected joint apart from cosmetic effect both of which are not conductive in discharge of duties especially as a combatant steno where apart from the duties of steno, individual may have to do the arms drill and firing etc. in need. Exact disability however can be stated only when exact nature of underlying disease/infirmity is known. (iv) Nervous Instability: An individual who has features of over reaction to any stressful situation will be a liability and not able to perform the duties required of a combatant in situations of need, where he may have to face a situation of danger/exposure to risk in hostile area postings and thus will not be able to perform his duty properly apart from himself deteriorating in mental health. It is a well known fact that people of this nature cant be fit for the combatised service where postings could be to far flung, difficult areas with possibility of having to use weapons in need in combat. (v) Fissure in Ano: With this condition in its acute form the individual apart from the painful defecation shall not be able to sit properly without discomfort. With some pain and discomfort giving rise to anxiety will further complicate the issue and affect proper discharge of duties. (v) Fissure in Ano: With this condition in its acute form the individual apart from the painful defecation shall not be able to sit properly without discomfort. With some pain and discomfort giving rise to anxiety will further complicate the issue and affect proper discharge of duties. As already brought out the possible effects on the duty/service have been given only on the findings of the board without the exact causative factor or disease being brought out especially for the findings at Sl. No. (i) + (iii). Sd/- (Dr. K.K. Saini) Director/IPG Medical (10). The Division Bench vide judgment dated September 20, 2004 allowed the appeal and set aside the order dated August 14, 2003 of the learned Single Judge and remanded the matter to decide it afresh after considering the report of Medical Board consisting of 5 Doctors of SMS Hospital Jaipur and the medical report of Director/IPG Medical. (11). I have given my anxious consideration to the rival submissions and scanned the material on record. (12). Letter dated Feb. 12, 1998 (Ann.4) issued by the Commandant 123 Bn. CRPF, Tuli (Nagaland) reads thus:– ``it is to inform you that you have been declared medically Unfit by the Medical Officer, GC, CRPF, Khatkhati due to Hypertension. Whereas in the letter dated Feb. 7, 1998 (Ann.5) bearing Sl. No. 233 issued by the Specialist Dimapur Civil Hospital, the petitioner was found medically fit to undertake frequent journey to the hilly areas. The letter dated Feb. 18, 1998 (Ann.7) issued by the Medical Officer, Tej Bahadur Sapru Hospital Allahabad reads as under: ``I do hereby certify that I have examined Shri Mohan Singh s/o Shri Sultan Singh R/o C-76 Bajaj Nagar, Jaipur, Rajasthan a candidate for employment in the CRPF Department and cannot discover that he has any disease communicate or otherwise constitutional weakness or bodily infirmity except I do not consider this a disqualification for employment in the CRPF Department as SI (Steno). The candidate according to his statement is about 25 years and by appearance is about 25 years. His BP 120/80 is normal The petitioner was medical examined at Deen Dayal Upadhyay Hospital New Delhi on August 23, 1998 (vide Ann.8) and was found medically fit. Vide letter dated June 26, 1998 (Ann.10) issued by Dr. P.D. Khandelwal, Associate Prof. The candidate according to his statement is about 25 years and by appearance is about 25 years. His BP 120/80 is normal The petitioner was medical examined at Deen Dayal Upadhyay Hospital New Delhi on August 23, 1998 (vide Ann.8) and was found medically fit. Vide letter dated June 26, 1998 (Ann.10) issued by Dr. P.D. Khandelwal, Associate Prof. Medical SMS Medical Hospital, Jaipur the petitioner was thoroughly examined but no abnormality was found that could deprive him or make him unfit for any kind of job. (13). Coming to the report of Medical Board of SMS Hospital Jaipur, I notice that five doctors unanimously opined that the petitioner was absolutely fit. His blood pressure was 130/80 and he was not suffering from Hypertension. Tachycardia, Asymmetrical shoulder, Nervous Instability and Fissure in ano. (14). A close look at the Health Certificate dated February 7, 1998 issued by the Medical Officer G.C. CRPF Khatkhati (Assam) demonstrates that at Page 1 (Part II) the Medical Officer in his hand writing filled up the blank columns thus:– ``I hereby certify that I have examined Shri Mohan Singh s/o Shri Sultan Singh, a candidate for enrollment in the CRPF under the CRPF Act, 1949 and have satisfied myself that he does not have any disease, constitutional affliction or bodily infirmity, excepting Hypertension which disease/infirmity, I do not consider, to be a disqualification for enrollment in the force. The age of the candidate according to his own statement is 25 years. Strangely the Medical Officer at page 8 of the said certificate wrote unfit due to Hypertension and put his signatures. It is inexplicable that as to under what circumstances the Medical Expert after observing that Hypertension was not the disqualification for enrollment in the force, declared the petitioner unfit on the same ground. It also appears that the report of premedical test of the petitioner that declared the petitioner absolutely fit was not considered by the Medical Officer Khatkhati (Assam). (15). Surprisingly the petitioner who was found absolutely fit in premedical test, developed hypertension before the Medical Officer Khatkhati on February 7, 1998 and on March 20, 1998 when he appeared before the Medical Board chaired by Chief Medical Officer G.C. CRPF Rampur, the body of petitioner turned into the house of many diseases including Tachycardia, Asymmetrical shoulder, nervous instability, fissure in ano and hypertension. There is nothing on record to suggest about the investigations that were made to conclude a diagnosis that the petitioner was suffering from the said disease. (16). Dr. K.K. Saini, Director IGP Medical, with his `Inter Office Note dated March 8, 2004 attached the copy of note of Ministry of Health, relevant part of which reads as under:– ``It should be understood that the question of fitness involved the future as well as the present and that one of the main objects of medical examination is to secure continuous effective service and in the case of candidates for permanent appointment to prevent early pension or payments in case of premature death. It is at the same time to be noted that the question is one of the likelihood of continuous effective service and the rejection of a candidate need not be advised on account of the presence of a defect which is only a small proportion of cases is found to interfere with continuous effective service. (17). The Medical Officer Khatkhati (Assam), as already noticed, in the Health Certificate dated February 7, 1998 certified perhaps on the basis of note of Ministry of Health that even if the petitioner was suffering from Hypertension, he was not disqualified from enrollment in the force. (18). Having scanned the entire material on record I see no ground to disbelieve the report of Medical Board comprising of five doctors of SMS Hospital Jaipur. Pursuant to direction of this Court the Medical Board examined the petitioner on April 5, 2002 and found him absolutely fit for the post of Sub Inspector (Stenographer). (19). I find myself unable to agree with the submission of learned counsel for the respondents that this court should refrain itself from deciding the question of fitness of the petitioner. In L.G. Chaudhary vs. L.S.G. Department, 1980 (Supp.) SCC 374, their Lordships of the Apex Court indicated as under:– (Para 4) ``We are also unable to find any force in the submission of the learned Attorney General that the High Court was quite right in refusing to decide the question whether the appellant had been confirmed or whether he continued as a probationer till September 15, 1967 on the ground that it was a disputed question of fact. As already observed by us the communications addressed by the Government to the Accountant General are clear on the point and the stand taken by the Government for the first time in 1967 that the appellant was continuing on probation till then was ludicrous. To refuse to decide the question when the entire material was before the court - it is not suggested that there was any other material - and to direct the appellant to go to a Civil Court would only be to shirk our responsibility. (20). In the instant case where positive medical reports about the fitness of the petitioner are before me. I have no option but to hold that the act of respondents in rejecting the petitioner for the post of Sub Inspector (Stenographer) was bad in law. Rule of Court is to ensure the rule of law and to see that the executive acts fairly and gives a fair deal to its employees. (21). As a result of the above discussion, I allow the writ petition and hold that the rejection of the petitioner on medical ground was bad in law and I quash the said order. I direct the respondents to reinstate the petitioner on the post of Sub Inspector (Stenographer) from the date of his initial appointment with all consequential benefits. There shall be no order as to costs. The respondents shall ensure compliance of this order within sixty days of receipt of copy of the order.