MANMOHAN, NAVIN CHAWLA
Suraksha – Appellant
Versus
Central Reserve Police Force – Respondent
JUDGMENT
Manmohan, J. - Present writ petition has been filed challenging the memorandum dated 30th October, 2021 issued by Respondent No.1, whereby the Petitioner was declared medically unfit on account of being overweight. Petitioner also seeks directions to the Respondents to medically re-examine the petitioner in a time bound manner and allow the petitioner to participate in the documents verification process to be conducted in December, 2021.
2. Learned Counsel for the Petitioner states that the Petitioner qualified Paper-1 and Paper-2 in the SI-CPO Examination Notice, 2019 and was shortlisted by Respondent No.3 for a detailed medical examination to be conducted by Respondent No. 1. He further states that the Petitioner was initially declared unfit on 27th October 2021 by Respondent No.1 on various grounds such as overweight, Tremors and Anaemia, in furtherance of which the Petitioner opted for a review medical examination before the Review Medical Board.
3. Learned Counsel for the Petitioner states that the Petitioner was declared unfit by Respondent No.1 on the ground of being overweight. He admits that the Review Medical Board through respondent no.1 declared the petitioner, be
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.
Medical examination criteria must be adhered to where established overweight exceeds permissible limits, and BMI is not applicable in non-doubtful cases.
The court affirmed that candidates exceeding the acceptable overweight limit cannot invoke BMI criteria for qualification in medical examinations.
The main legal point established in the judgment is that the Guidelines permitted a relaxation of +/- 5 kgs in borderline cases, and the petitioner's weight fell within the permissible limit as requi....
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 court held that there is no procedure for granting an opportunity to individuals to rectify the ailment/deficiency found by the medical board for declaring them unfit.
The court affirmed the right to a fair assessment in recruitment processes, directing a further medical examination due to inconsistencies in initial evaluations.
The purpose of a Review Medical Board is to verify the correctness of the Initial Medical Board's findings, not to grant time for curing deficiencies.
Strict physical and medical standards for recruitment to the CAPFs must be adhered to, and the court cannot prescribe relaxation in the selection criteria.
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.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.