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SANJEEV SACHDEVA, MANOJ JAIN
Deepak Dahiya – Appellant
Versus
Union of India – Respondent
JUDGMENT
Sanjeev Sachdeva, J. (Oral)
1. Petitioners impugn the respective review medical examination board proceedings wherein petitioners have been declared unfit on account of being overweight
2. Petitioners No.1 to 4, who are Inspectors and petitioners No.5 to 7, who are Sub-Inspector in the Border Security Forces, had appeared pursuant to an advertisement for selection to the post of Assistant Commandant (GE) through Limited Departmental Competitive Examination. Petitioners have been found to be overweight in terms of the standards prescribed for medical examination. Petitioners were thereafter examined by the review medical board and have still been found to be overweight.
3. The review medical board proceedings of each of the petitioners show that petitioners were found to be overweight based on their height ranging from 4.25 Kgs to 14.4 Kgs after granting relaxation of 5 Kgs to each one of them, which means that petitioners were overweight by 9.25 Kgs to 19.4 Kgs.
4. Learned counsel for the petitioner submits that some time be granted to the petitioners to bring themselves within the prescribed weight limit and a fresh review medical board be conducted.
5. We are unable
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 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 medical examination results must be in accordance with the guidelines for Recruitment Medical Examination, which permit a relaxation of we....
The importance of accurate medical examinations and measurements in determining fitness for a position.
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 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.
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