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IN THE HIGH COURT OF DELHI AT NEW DELHI
Sanjeev Sachdeva, Manoj Jain, JJ.
Sattaru Sandhya Rani – Appellant
Versus
Union of India & Ors. – Respondents
W.P.(C) 9498 of 2023 & CM APPL. 36298 of 2023
Decided On : 11-08-2023
Medical Examination - Ovarian Cyst - The court upheld the decision to declare the petitioner medically unfit based on the presence of an ovarian cyst, in accordance with the Revised Uniform Guidelines for Review Medical Examination in Central Armed Police Forces and Assam Rifles.
Fact of the Case:
The petitioner sought to quash medical examination reports declaring them medically unfit due to the presence of an ovarian cyst, after being successful in a written examination for recruitment as a Sub-Inspector (Executive).
Finding of the Court:
The court found no infirmity in the decision to declare the petitioner unfit based on the presence of the ovarian cyst, as it aligned with the guidelines for medical examination in Central Armed Police Forces and Assam Rifles.
Issues: Petitioner's medical fitness for recruitment as a Sub-Inspector (Executive)
Ratio Decidendi: The presence of an ovarian cyst was deemed a disqualifying condition as per the Revised Uniform Guidelines for Review Medical Examination in Central Armed Police Forces and Assam Rifles, justifying the decision to declare the petitioner unfit.
Final Decision: The petition was dismissed, and the decision to declare the petitioner medically unfit based on the ovarian cyst was upheld.
JUDGMENT
Sanjeev Sachdeva, J. (Oral)--Petitioner seeks quashing of medical examination reports dated 07.06.2023, 08.06.2023 and 10.06.2023 whereby petitioner has been declared medically unfit on the ground of presence of ovarian cyst.
2. Petitioner applied pursuant to an advertisement issued by the respondent for recruitment of Sub-Inspector (Executive) through Limited Departmental Competitive Examination. Petitioner was successful in the written examination. However, during the medical examination petitioner has been declared medically unfit on the ground that there is a cyst in the ovary.
3. The Revised Uniform Guidelines for Review Medical Examination in Central Armed Police Forces and Assam Rifles dated 31.05.2021 in para 12 i.e. general instructions for examination of a female candidate in sub-para 5(vi) stipulates as under:
(5)vi. "Evidence of ovarian cyst or fibroid uterus or any other lump is disqualifying."
4. In the case of the petitioner, petitioner was examined by the medical board and was also referred for ultrasound. During ultrasound of the abdomen, it has been reported as under:
"A well defined cystic lesion (42x56 mm) with internal septation is noted in right adnexa. Right ovary is not separately visualized - right ovarian complex cyst/likely hemorrhagic.
Impression: Right ovarian complex cyst/likely hemorrhagic.
Advice: Clinical correlation."
5. The medical record of the petitioner has been produced in Court and the same has been perused and returned.
6. Since the petitioner has been diagnosed with having cystic lesion of the size 42x56 mm, the same is a disqualifying condition as per the Review Medical Examination in Central Armed Police Forces and Assam Rifles dated 31.05.2021.
7. In view of the above, we find no infirmity in the decision of the respondent in declaring the petitioner unfit for selection.
8. In view of the above, we find no merit in the petition. The petitioner is consequently dismissed.
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