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DELHI HIGH COURT
MANMOHAN, NAVIN CHAWLA
Adhir Kumar Verma – Appellant
Versus
Central Reserve Police Force – Respondent
| Table of Content |
|---|
| 1. challenge to medical unfitness decision (Para 1 , 2 , 3 , 4 , 5) |
| 2. petitioner's grounds against medical findings (Para 6 , 7 , 8) |
| 3. medical opinions presented (Para 9 , 10) |
| 4. court considerations of the case (Para 11 , 12) |
| 5. court's reasoning on medical fitness standards (Para 13 , 14 , 15) |
| 6. dismissal of the petition (Para 16) |
JUDGMENT
Navin Chawla, J. (Oral)--The petition has been heard by way of video conferencing.
1. This petition has been filed by the petitioner challenging the decision of the respondent no.1 declaring the petitioner as 'unfit' for appointment to the post of `Sub-Inspector Delhi Police, CAPFs and the Assistant Sub-Inspector in CISF Examination, 2019' (hereinafter referred to as the 'SI-CPO Examination Notice, 2019').
2. It is the case of the petitioner that the petitioner made an application pursuant to the SI-CPO Examination Notice, 2019. He qualified the Paper- I and Paper- II in the SI-CPO Examination Notice, 2019 and was shortlisted for a Detailed Medical Examination (in short, `DME').
3. His DME was conducted by the respondent no.1, wherein he was declared medically unfit on account of 'multiple Chronic Lystic Lesions on Chest and
The court upheld that mere presence of keloids does not guarantee fitness for service; operational risks and examiners' expert opinions carry significant weight.
Rejection of a candidate based on Keloid formation requires evidence of interference with equipment; mere presence is insufficient under recruitment guidelines.
When medical boards reject candidates based on conditions not clearly disqualifying under guidelines, and where conflicting medical opinions exist, the board must provide specific findings justifying....
Medical disqualifications based on benign conditions must be grounded in substantial evidence; arbitrary decisions violate the right to equality under Article 14.
Where appointment order has been issued and the petitioner had accepted the same by reporting for duty, subsequent medical examination report cannot make the petitioner ineligible for appointment.
Judicial review of medical fitness in recruitment must ensure fairness, allowing for independent assessment to determine eligibility.
The court reaffirmed that medical fitness evaluations for recruitment are primarily within the discretion of designated medical boards, barring demonstrable errors in decision-making processes.
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