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SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
Surender Singh – Appellant
Versus
Union of India – Respondent
JUDGMENT (Oral)
1. The petitioner in his writ petition has made following prayers:
a) To set aside the rejection slip dated 18.05.2023 declaring as illegal and arbitrary in eliminating the candidature of the petitioner in Medical Examination due to overweight.
b) To direct the respondents to conduct a fresh Medical Board and medically examine the petitioner a fresh and if the petitioner is found fit, he may be considered and given appointment for the post of Constable (Barber) in the BSF.
2. The petitioner was medically examined by the Medical Board where he was found to be of 75 Kg and was declared as unfit due to his overweight.
3. Thereafter, the petitioner got himself medically examined in Multispecialty Hospital i.e. Ansari Hospital, New Delhi, where he was found to be of 67.3 Kg.
4. Keeping in view the difference in two measurements, we hereby direct the respondents to measure the weight of the petitioner again within 2 weeks.
5. The measurement taken by the respondents this time shall be final and binding.
6. The petition is accordingly disposed of.
7. Order be given dasti under the signatures of the Court Master.
The importance of accurate medical examinations and measurements in determining fitness for a position.
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 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.
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 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 ....
Medical examination criteria must be adhered to where established overweight exceeds permissible limits, and BMI is not applicable in non-doubtful cases.
Medical Boards' findings regarding physical fitness for recruitment are upheld unless valid evidence is presented to contest their authority and findings.
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