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DELHI HIGH COURT
RAJIV SAHAI ENDLAW, AMIT BANSAL
Amit Kumar – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. petitioner's medical unfitness based on multiple grounds. (Para 1 , 5 , 6) |
| 2. petitioner's arguments not adequately supported. (Para 7 , 8 , 9 , 10) |
| 3. court's analysis of weight and medical findings. (Para 11 , 12) |
| 4. writ petition dismissed for lack of merit. (Para 13 , 14 , 15) |
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 re
Medical Boards' findings regarding physical fitness for recruitment are upheld unless valid evidence is presented to contest their authority and findings.
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.
Compliance with established medical standards for recruitment is mandatory, and minor deviations cannot justify altering the standards set by the Indian Air Force.
Medical examination criteria must be adhered to where established overweight exceeds permissible limits, and BMI is not applicable in non-doubtful cases.
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 court affirmed the right to a fair assessment in recruitment processes, directing a further medical examination due to inconsistencies in initial evaluations.
The importance of accurate medical examinations and measurements in determining fitness for a position.
The court affirmed that candidates exceeding the acceptable overweight limit cannot invoke BMI criteria for qualification in medical examinations.
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