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IN THE HIGH COURT AT CALCUTTA
SUJOY PAUL, SMITA DAS DE
Biltu @ Bittu Ganguly – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. petitioner's initial medical examination findings. (Para 1 , 2) |
| 2. petitioner's arguments based on procedural irregularities. (Para 5 , 7 , 8) |
| 3. respondents' defense and argument regarding vacancy. (Para 10 , 11) |
| 4. court's directives regarding further medical examination. (Para 12 , 13 , 14) |
| 5. final rulings and orders of the court. (Para 15 , 16 , 17 , 18) |
JUDGMENT :
SMITA DAS DE, J.
1. The Intra Court Appeal arises out of a judgment and order dated November 28, 2024 passed in WPA 20512 of 2024 challenging inter alia, the order of rejection by the respondent No. 6 dated July 16, 2024. The Learned Single Judge by impugned order rejected the petitioner’s prayer for a further medical check up to consider his candidature on the basis of the result of the medical examination.
2. Apropos the facts of the case is that the petitioner participated in the selection process for appointment of Constable (Technical and Tradesman) in Central Reserve Police Force (in short CRPF) in terms of an Advertisement Notice dated July 1, 2023. The petitioner being successful in the computer based written examination was called for physical standard and physical efficiency test. The petitioner
The court affirmed the right to a fair assessment in recruitment processes, directing a further medical examination due to inconsistencies in initial evaluations.
Weight variance of up to 5 kg is permissible in recruitment medical examinations, and declarations of unfitness must align with established guidelines on BMI and standards.
Guidelines allow a 5 kg variation in weight assessments; the petitioner's BMI was within permissible limits, leading to the conclusion that he was incorrectly deemed unfit.
The main legal point established in the judgment is that the petitioner's medical fitness should be determined in accordance with the Revised Uniform Guidelines, and any doubts regarding the medical ....
The guideline permitting a 5 kg variation in weight classification mandates that the Body Mass Index must be considered for borderline cases, leading to the erroneous declaration of unfitness being o....
The court affirmed that strict adherence to medical standards is essential in recruitment for armed forces, with no room for arbitrary relaxations based on individual claims.
Strict physical and medical standards for recruitment to the CAPFs must be adhered to, and the court cannot prescribe relaxation in the selection criteria.
Conflicting medical reports and lack of conclusive evidence can lead to a court ordering re-examination to resolve discrepancies.
Medical fitness evaluations must adhere to standardized guidelines to ensure fair assessments of candidates regarding weight and vision qualifications.
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