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DELHI HIGH COURT
MANMOHAN, NAVIN CHAWLA
Krishan Yadav – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. challenge to medical examination process. (Para 2 , 3 , 4 , 5) |
| 2. insufficient time argument for weight reduction. (Para 6) |
| 3. court's examination of fairness in decision making. (Para 7 , 8 , 9) |
| 4. writ petition dismissed. (Para 10) |
JUDGMENT
Manmohan, J. (Oral)--The petition has been heard by way of video conferencing.
2. Present writ petition has been filed challenging the action of the Respondents of not granting sufficient time to him for appearing in the review medical examination conducted by the Respondents. Petitioner also seeks directions to the Respondents to grant ten days' time to the petitioner for reduction of his weight and subsequently conduct his re-examination and if found fit, consider his candidature for appointment to the post of Sub Inspector (GD) in CAPF along with all consequential benefits.
3. Learned counsel for the Petitioner states that the respondents issued an Advertisement for appointment/ selection to the post of Sub Inspector in Delhi Police, CAPFs and assistant sub inspector in the CISF examination 2019 and the petitioner upon fulfilling all the eligibility criteria, applied for the post of sub inspector (GD) in CAPF.
4. He sta
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 court affirmed that strict adherence to medical standards is essential in recruitment for armed forces, with no room for arbitrary relaxations based on individual claims.
The court affirmed the right to a fair assessment in recruitment processes, directing a further medical examination due to inconsistencies in initial evaluations.
Weight variance of up to 5 kg is permissible in recruitment medical examinations, and declarations of unfitness must align with established guidelines on BMI and standards.
A candidate declared unfit in a medical examination for recruitment does not hold grounds to contest employment selection results, especially when approached belatedly after vacancies are filled.
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 ....
The guideline permitting a 5 kg variation in weight classification mandates that the Body Mass Index must be considered for borderline cases, leading to the erroneous declaration of unfitness being o....
Strict physical and medical standards for recruitment to the CAPFs must be adhered to, and the court cannot prescribe relaxation in the selection criteria.
Guidelines allow a 5 kg variation in weight assessments; the petitioner's BMI was within permissible limits, leading to the conclusion that he was incorrectly deemed unfit.
Medical fitness evaluations must adhere to standardized guidelines to ensure fair assessments of candidates regarding weight and vision qualifications.
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