IMPORTANT POINTS
(1) Selection – Medical unfitness – Selection was to be conducted in terms of advertisement.
(2) Promotion – Appointment to a higher post of an incumbent working on lower post is in form of an accelerated promotion but it cannot be equated with normal mode of promotion.

JUDGMENT :

Pankaj Mithal, J.

1. Learned counsel appearing for the parties were heard.

2. The appellant who was working as a constable with the Border Security Force (BSF), applied for the post of Sub-Inspector General Duty (GD) through Limited Departmental Competitive Examination (LDCE) 2018-19 but was declared medically unfit and the said order was not disturbed even in the review medical examination by Board of three doctors.

3. Aggrieved by the above action of the respondent BSF declaring him medically unfit for the post of Sub-Inspector (GD) through LDCE, the appellant preferred a writ petition before the Delhi High Court for quashing the medical result dated 27.02.2020 of the review medical examination and for a direction to the respondent BSF to treat him medically fit.

4. The writ petition (civil) so filed by the appellant was dismissed by the High Court vide impugned order dated 24.09.2020.

5. In the above factual scenario, the appellant has preferred this appeal.

6. Learned Counsel for the appellant submitted that the appellant was found medically fit on 16.12.2019 and as such the respondent BSF was not competent to declare him unfit subsequently on 23.12.2019. The appellant underwent a small surgery whereupon he was found to be medically fit for the post but even then, the review medical examination on 27.02.2020 declined to clear him as medically fit to hold the post of Sub-Inspector (GD).

7. The appellant was appointed as a Constable (GD) with the BSF w.e.f. 04.04.2012. After the appellant had put in about 8 years of service as a Constable, an advertisement was issued by the respondent BSF inviting applications from serving BSF Male/Female Constables (GD), Head Constables (GD), ASI (GD) etc for selection to the post of Sub Inspector (GD) through LDCE 2018-19. The advertisement provided for the eligibility conditions and for the scheme of examination. The eligibility conditions provided; (i) the upper age limit of 32 years on the closing date of application for appearing in LDCE; (ii) that the candidate should have completed 4 years of service including basic training; (iii) graduation with unblemished clean record of entire service until the issuance of offer of appointment; and (iv) must fulfil the physical standards laid down. Another eligibility condition was that candidate should qualify SHAPE-I medical category. The scheme of examination consisted of five stages. In the stage-I, service records were to be checked and verified, in stage-II, the candidates were to undergo written examination (OMR based), stage-III was of a physical measurements (PST) and stage-IV was a physical efficiency test (PET). Upon successful completion of all the above four stages, the candidates were to undergo detailed medical examination i.e. stage-V wherein they must be declared medically fit for the post.

8. In view of the above terms and conditions of the advertisement for the post of Sub-Inspector (GD) through LDCE, the candidates were supposed to successfully complete the first four stages of the examination and then have to be medically declared fit for the post in the fifth stage. The declaration of medically fit after undergoing the four stages of the examination was in addition to the eligibility condition of being in the medical category SHAPE-I which was a condition precedent for participating in LDCE. The declaration of any candidate in the medical category SHAPE-I was not sufficient enough to treat him to be medically fit for the post.

9. The appellant was issued a call letter dated 16.11.2019 by the recruitment officer to appear in the detailed medical examination for selection to the post of Sub-Inspector (GD) in BSF through LDCE 2018-19. The said letter indicates that the appellant was called for stage-V detailed medical examination on 23.12.2019. Upon such medical examination on the aforesaid date, the appellant was not found medically fit for the reason that he suffered from Right Sided Varicocele, Varicose Vein left calf, Tac