Medical Boards' findings regarding physical fitness for recruitment are upheld unless valid evidence is presented to contest their authority and findings.

ORDER

[VIA VIDEO CONFERENCING]

1. The petitioner, a candidate in the recruitment of November, 2020 of Airmen, filed this petition impugning the findings of the Medical Board and the Appeal Medical Board, of the petitioner being 'unfit' for appointment.

2. Vide order dated 31st May, 2021, the records of medical examination of the petitioner as well as the concerned Medical Manual were directed to be produced.

3. The counsel for the respondents states that the requisite documents have been filed in the Court.

4. The same have been perused by us.

5. The petitioner, after examination on 30th December, 2020, was declared 'unfit' by the Medical Board, on three grounds i.e. (i) being overweight; (ii) being unable to squat; and, (iii) suffering from Hyperbilirubinemia.

6. The petitioner preferred an appeal and as per the documents produced by the respondents, the Appeal Medical Board reported, that (i) the weight of the petitioner was 80 kgs as against the standard body weight corresponding to the age and height of the petitioner, of 63 kgs; (ii) that the bilirubin count of the petitioner was 2.2 mg and that the petitioner, on 5th February, 2021 failed to appear before the expert for the test of squatting.

7. The contention of the counsel for the petitioner is, that the Appeal Medical Board only conducted the blood test of the petitioner and did not take the weight of the petitioner and did not make the petitioner squat. With respect to the bilirubin count of the petitioner, the counsel for the petitioner has drawn attention to the reports of the blood test got done by the petitioner on 4th March, 2021 from Maharishi Valmiki Hospital Pooth Khurd and on 8th March, 2021 from Health Care Diagnostics Centre, Bawana, Delhi, showing the bilirubin count of the petitioner to be 0.6 mg/dl i.e., within the permissible limits.

8. Having not found the petitioner, in the petition to have pleaded, what according to him his weight was on the date of the examination by the Medical Board and/or on the date of examination by the Appeal Medical Board, we have enquired from the counsel for the petitioner about the same and also asked the counsel for the petitioner, whether the petitioner got his weight measured at any hospital, at the contemporaneous time.

9. The counsel for the petitioner confirms that there is no pleading or document in this respect and states that she will have to take instructions.

10. Once the petition concerning recruitment has been filed and does not make a material plea and/or does not controvert the reason given by the Medical Board and the Appeal Medical Board, the inference is that the petitioner is not controverting the said finding of the Medical Board/Appeal Medical Board. The petitioner is thus not found to be controverting the finding of the Appeal Medical Board, that the weight of the petitioner on 30th December, 2020 was 83 kgs and on 1st March, 2021 was 80 kgs.

11. The counsel for the respondents has also drawn our attention to the ideal weights prescribed in the Manual of Medical Examination and Medical Boards, 4th Edition, September, 2010, in which, for the height of the petitioner of 178 cm and age of the petitioner of 19 years, the ideal body weight prescribed is of 63 kgs with a margin of 6.3 kgs. Thus the petitioner could have been found 'fit', had his weight been up to a maximum of 69.3 kgs. However the weight of the petitioner, as per the records produced, on the date of the examination by the Medical Board as well as by the Appeal Medical Board was way above i.e., 83 kgs and 80 kgs respectively. The petitioner on the said ground alone was not entitled to be recruited.

12. Since one ground is eno