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2021 Supreme(Del) 1504

IN THE HIGH COURT OF DELHI AT NEW DELHI
Manmohan, Navin Chawla, JJ.
Krishan Yadav - Appellant
Versus
Union Of India & Anr. - Respondents
Civil Writ Petition No. 12553 of 2021, Civil Miscellaneous No. 39528 of 2021
Decided On : 10-11-2021

Advocates appeared:
A.K.Trivedi, Advocate, Rajnish Kumar Gaind, Advocate

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.

Headnote:

Review Medical Examination - Petitioner's Weight - The court held that the purpose of a Review Medical Board is not to grant time to the Petitioner to cure any deficiency or remove the ground of unfitness, but to verify whether the finding of the Initial Medical Board is correct or not.

Fact of the Case:

The petitioner challenged the action of the Respondents for not granting sufficient time to him for appearing in the review medical examination conducted by the Respondents, seeking directions to grant ten days time for weight reduction.

Finding of the Court:

The court found that the purpose of a Review Medical Board is not to grant time to the Petitioner to cure any deficiency or remove the ground of unfitness, but to verify whether the finding of the Initial Medical Board is correct or not. The court dismissed the writ petition as it found no ground to interfere in the present proceedings.

Issues: Challenge to the action of the Respondents for not granting sufficient time for review medical examination, seeking directions for weight reduction and consideration for appointment.

Ratio Decidendi: The purpose of a Review Medical Board is to verify whether the finding of the Initial Medical Board is correct or not, not to grant time for curing deficiencies.

Final Decision: The court dismissed the present writ petition along with pending application.

JUDGMENT

Manmohan, J. - The petition has been heard by way of video conferencing.

2. Present writ petition has been filed challenging the action of the Respondents of not granting sufficient time to him for appearing in the review medical examination conducted by the Respondents. Petitioner also seeks directions to the Respondents to grant ten days time to the petitioner for reduction of his weight and subsequently conduct his re-examination and if found fit, consider his candidature for appointment to the post of Sub Inspector (GD) in CAPF along with all consequential benefits.

3. Learned counsel for the Petitioner states that the respondents issued an Advertisement for appointment/ selection to the post of Sub Inspector in Delhi Police, CAPFs and assistant sub inspector in the CISF examination 2019 and the petitioner upon fulfilling all the eligibility criteria, applied for the post of sub inspector (GD) in CAPF.

4. He states that after being successful in the written examination and PST /PET, the petitioner was issued an admit card to appear for medical examination on 20th October 2021, on which date he was declared unfit on ground of being overweight as the weight of the petitioner was 80 Kg, whereas as per his height and age, the weight of the petitioner ought to have been between 59-72 Kg + 5 Kg.

5. He states that on the same day, the Petitioner applied for review medical examination and requested the medical authorities to grant him at least ten days' time to reduce his weight. However, on the very next day that is on 21st October, 2021, the petitioner was referred for specialist opinion and the review medical board vide order dated 26th October, 2021, again declared him medically unfit on having determined his weight being 79 Kg.

6. Today, learned counsel for the Petitioner contends that the Petitioner was not given sufficient time to reduce his weight as his review medical examination was conducted on the very next day i.e. 21st October, 2021.

7. It is a settled law that this Court in writ jurisdiction only examines the decision making process to ensure that the petitioner is treated fairly and reasonably by the respondent.

8. Further, the purpose of a Review Medical Board is not to grant time to the Petitioner to cure any deficiency or remove the ground of unfitness, but to verify whether the finding of the Initial Medical Board is correct or not.

9. Admittedly, the Petitioner was over-weight on both days i.e. the date when Initial Medical Board was held as well as on the date when Review Medical Board was held. There is also no allegation of wrong doing against the respondents.

10. Keeping in view the aforesaid, this Court finds no ground to interfere in the present proceedings. Accordingly, the present writ petition along with pending application is dismissed.

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