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RAJIV SAHAI ENDLAW, AMIT BANSAL
Amit Kumar – Appellant
Versus
Union Of India – Respondent
JUDGMENT
1. The petitioner, a candidate in the recruitment of November, 2020 of Airmen, filed this petition impugning the findings of the Medical Board and the Appeal Medical Board, of the petitioner being 'unfit' for appointment.
2. Vide order dated 31st May, 2021, the records of medical examination of the petitioner as well as the concerned Medical Manual were directed to be produced.
3. The counsel for the respondents states that the requisite documents have been filed in the Court.
4. The same have been perused by us.
5. The petitioner, after examination on 30th December, 2020, was declared 'unfit' by the Medical Board, on three grounds i.e. (i) being overweight; (ii) being unable to squat; and, (iii) suffering from Hyperbilirubinemia.
6. The petitioner preferred an appeal and as per the documents produced by the respondents, the Appeal Medical Board reported, that (i) the weight of the petitioner was 80 kgs as against the standard body weight corresponding to the age and height of the petitioner, of 63 kgs; (ii) that the bilirubin count of the petitioner was 2.2 mg and that the petitioner, on 5th February, 2021 failed to appear before the expert for the test of squatting.
7. The cont
The court upheld the decision of the Medical Board and the Appeal Medical Board based on the candidate's weight and bilirubin count exceeding the permissible limits.
Medical Boards' findings regarding physical fitness for recruitment are upheld unless valid evidence is presented to contest their authority and findings.
Compliance with established medical standards for recruitment is mandatory, and minor deviations cannot justify altering the standards set by the Indian Air Force.
The court affirmed the right to a fair assessment in recruitment processes, directing a further medical examination due to inconsistencies in initial evaluations.
The Body Mass Index (BMI) criteria is to be applied only in doubtful cases of overweight and does not apply when the petitioner is found to be overweight by more than five kilograms.
The importance of accurate medical examinations and measurements in determining fitness for a position.
Medical examination criteria must be adhered to where established overweight exceeds permissible limits, and BMI is not applicable in non-doubtful cases.
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 ....
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