Compliance with established medical standards for recruitment is mandatory, and minor deviations cannot justify altering the standards set by the Indian Air Force.

Headnote:(A) Indian Air Force Recruitment Manual - Standards for Medical Fitness - The petitioner was declared medically unfit due to being overweight by 2 Kgs during medical examinations required for recruitment as an Airman; the court found no basis for challenging the medical standards set by the recruitment authority. (Paras 3, 6, 7)

(B) Medical Examination - Judicial Review - The court ruled that it lacks the authority to alter or dilute the medical standards established by the Indian Air Force for recruitment, reaffirming the principle that compliance with established medical requirements is essential. (Paras 6, 8)

Facts of the case:
The petitioner contested the finding of medical unfitness on the basis of being overweight, after having cleared earlier recruitment stages, but failed to demonstrate compliance with the weight requirements within the specified time.

Findings of Court:
The court emphasized the importance of adhering to the prescribed medical standards and the implications of allowing a candidate who does not meet such standards to be recruited.

Issues: The court addressed whether the test of medical fitness was adhered to and the validity of non-compliance with medical weight standards.

Ratio Decidendi: The court held that the standards for medical fitness in recruitment are established by the Indian Air Force and cannot be altered without compelling reasons; minor deviations from these standards cannot be justified.

Result: Petition dismissed.

Table of Content
1. recruitment standards for airmen are strict. (Para 3)
2. minor weight issues shouldn't disqualify candidates. (Para 4)
3. strict adherence to medical fitness standards is necessary. (Para 5 , 6 , 8 , 10)
4. court respects employer's medical standards. (Para 7)
5. no obligation on medical board for detailed guidance. (Para 9)
6. petition dismissed with no grounds found. (Para 11 , 12)

JUDGMENT

[VIA VIDEO CONFERENCING]

Rajiv Sahai Endlaw, J.

CM No. 19390/2021 (for exemption)

1. Allowed, subject to just exceptions and as per extant rules.

2. The application is disposed of.

W.P.(C) 6120/2021

3. The petitioner was a candidate for recruitment of Airmen by the respondents Indian Air Force. The petitioner, in the medical examination conducted as part of the recruitment process, was found medically unfit on the ground of being overweight by 2 Kgs. This petition has been filed, impugning the finding of medical unfitness and seeking a mandamus to respondents Indian Air Force to conduct re-examination of the medical fitness of the petitioner and in the alternative seeking mandamus for appointment of the petitioner as an Airman on the basis of the medical certificate of fitness of the petitioner, issued by a private hospital.

4. The counsel for the petitioner has argued that "the petitioner is overweight by 2 Kgs only, which is nothing and which is easily manageable" and on such grounds, could not, after having cleared all the earlier stages of the recruitment process, be denied recruitment.

5. The petitioner was first medically examined on 9th February, 2021, when he was declared unfit for the reason of being overweight. The petitioner availed of the remedy of appeal against the decision of the Medical Board which had examined him on 9th February, 2021. The petitioner, on 4th March, 2021, was asked to appear before the Appeal Medical Board on 8th March, 2021. However the Appeal Medical Board again found the petitioner overweight by 2 Kgs. The petitioner, instead of, on 9th February, 2021 or on 8th March, 2021 itself rushing to any other government or private hospital to have himself weighed as on the said dates, on 18th March, 2021 got issued a legal notice to the respondents Indian Air Force. The petitioner, after nearly two months of having been found to be overweight, went to a private hospital on 5th May, 2021 and which hospital found the petitioner to be weighing 59 Kgs on 5th May, 2021, as against the weight found by the Appeal Medical Board on 8th March, 2021 of 64.7 Kgs. The aforesaid facts indicate that it took the petitioner two months to bring his weight down from 64.7 Kgs to 59 Kgs. The same nullifies the argument of the counsel for the petitioner, of the excess weight of 2 Kgs only being easily manageable.

6. As far as the argument of the counsel for the petitioner, of being overweight by 2 Kgs being only a minor matter, is concerned, once there is a Rule specifying the weight for the particular height and sex and the said Rule also provides the maximum variation permitted therein, the said Rule has to be abided by and a slight variation even therein cannot be tolerated. The Court cannot dilute the said Rule by permitting violation of the Rule, in the name of being miniscule.

7. This Court in Aman Yadav Vs. Union of India, MANU/DE/0944/2021 (DB), Pooja Vs. Union of India, MANU/DE/1022/2021 (DB), Ishwar Singh Vs. Union of India, MANU/DE/0813/2021 (DB), Madhusudhana P.S. Vs. Union of India, MANU/DE/0933/2021 (DB) and Arun Kumar Vs. Union of India, MANU/DE/1834/2020 (DB), has held that it is the prerogative of the respondents Indian Air Force, as the employer to lay down the medical requirements for employment; it is not for the Court to lay down the standards of medical fitness for recruitment as an Airman in the respondents Indian Air Force. The said standards are prescribed in the Medical Manual and no provision of the Medical Manual prescribing the standards and/or qua weight is under challenge. Un

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