The Review Medical Board's purpose is verification of fitness findings, not to allow time for correction. Court upholds assessment due to lack of procedural unfairness.

Headnote:(A) Writ Jurisdiction - Action of respondents - Challenge to insufficient time granted for review medical examination and appointment to Sub Inspector post. - Petitioner claimed unfair treatment due to lack of time to reduce weight before re-examination. Court emphasizes focus on decision-making fairness. Held, review board's purpose is to verify prior findings, not to allow time for correction of fitness issues. (Paras 7-10)

(B) Review Medical Board - Functionality - A review medical examination does not exist to afford the Petitioner an opportunity to remedy deficiencies but rather to verify the correctness of prior medical findings. (Paras 8-9)

Facts of the case:
The petitioner, having passed the written examination and physical tests for Sub Inspector in CAPF, was declared unfit due to being overweight. He requested a delay for weight reduction, but the review board assessed him the next day, also deeming him unfit based on weight.

Findings of Court:
The court found the petitioner was consistently overweight, leading to upholding the initial fitness determination.

Issues: Whether the respondents provided fair treatment regarding the petitioner's request for additional time to become fit.

Ratio Decidendi: The court held the review board's role is limited to verifying prior fitness findings. No procedural unfairness was found in the treatment of the petitioner.

Result: Petition dismissed.

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 states that after being successful in the written examination and PST /PET, the petitioner was issued an admit card to appear for medical examination on 20th October 2021, on which date he was declared unfit on ground of being overweight as the weight of the petitioner was 80 Kg, whereas as per his height and age, the weight of the petitioner ought to have been between 59-72 Kg + 5 Kg.

5. He states that on the same day, the Petitioner applied for review medical examination and requested the medical authorities to grant him at least ten days' time to reduce his weight. However, on the very next day that is on 21st October, 2021, the petitioner was referred for specialist opinion and the review medical board vide order dated 26th October, 2021, again declared him medically unfit on having determined his weight being 79 Kg.

6. Today, learned counsel for the Petitioner contends that the Petitioner was not given sufficient time to reduce his weight as his review medical examination was conducted on the very next day i.e. 21st October, 2021.

7. It is a settled law that this Court in writ jurisdiction only examines the decision making process to ensure that the petitioner is treated fairly and reasonably by the respondent.

8. Further, the purpose of a Review Medical Board is not to grant time to the Petitioner to cure any deficiency or remove the ground of unfitness, but to verify whether the finding of the Initial Medical Board is correct or not.

9. Admittedly, the Petitioner was over-weight on both days i.e. the date when Initial Medical Board was held as well as on the date when Review Medical Board was held. There is also no allegation of wrong doing against the respondents.

10. Keeping in view the aforesaid, this Court finds no ground to interfere in the present proceedings. Accordingly, the present writ petition along with pending application is dismissed.

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