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IN THE HIGH COURT OF DELHI AT NEW DELHI
Sanjeev Sachdeva, Manoj Jain, JJ.
Deepak Dahiya & Ors. – Appellants
Versus
Union of India & Ors. – Respondents
W.P. (C) 9135 of 2023 & CM. APPL. 34754 of 2023
Decided On : 12-07-2023
Overweight - Medical Examination - The court dismissed the petition challenging the review medical examination board's decision declaring the petitioners unfit due to being overweight. 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 petitioners, who were working in the Border Security Force, were found to be overweight even after relaxation of 5 Kgs as prescribed in the medical guidelines. The court concluded that since rules do not permit granting a further opportunity to rectify the deficiency, the petition was dismissed.
Fact of the Case:
Petitioners challenged the review medical examination board's decision declaring them unfit due to being overweight.
Finding of the Court:
The court dismissed the petition, stating 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.
Issues: Challenge to review medical examination board's decision, opportunity to rectify deficiency, standards prescribed for medical examination.
Ratio Decidendi: Rules do not permit granting a further opportunity to rectify the deficiency found by the medical board for declaring individuals unfit.
Final Decision: The petition was dismissed.
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 to accept the contention of learned counsel for petitioners as there is no procedure prescribed for granting an opportunity to an individual to get over the ailment/deficiency found by the medical board for declaring that individual as unfit.
6. Petitioners who are working as Inspectors and Sub-Inspectors respectively in the Border Security Force knew the standards prescribed by the medical guidelines and should have taken appropriate remedial steps, if required, prior to the conduct of the medical examination. All the petitioners have been found to be overweight even after grant of relaxation of 5 Kgs as prescribed in the medical guidelines.
7. Further, it is not the contention of the petitioners that the review medical board proceedings are incorrect or that the findings recorded by the respective boards are incorrect.
8. Since rules do not permit grant of a further opportunity to an individual to rectify the ailment/deficiency, we are of the view that no opportunity can be granted to the petitioners to now reduce their weight and be subjected to a fresh medical examination.
9. In view of the above, we find no merit in the petition. The petition is accordingly dismissed.
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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