The court upheld that mere presence of keloids does not guarantee fitness for service; operational risks and examiners' expert opinions carry significant weight.

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 Back'.

4. The petitioner thereafter applied for a Review Medical Board (in short, `RMB'), which also declared the petitioner as medically unfit for appointment on account of 'Multiple keloid in Central area of chest and single keloid right scapular area'.

5. Aggrieved of the above declarations, the petitioner has filed the present petition.

6. The learned counsel for the petitioner submits that the declaration of the petitioner as 'unfit' for appointment is not in accordance with the `Uniform Guidelines for Recruitment Medical Examination in CAPFs and Assam Rifles: Revised Guidelines as on May 2015' (hereinafter referred to as the 'Medical Guidelines'). Drawing reference to Clause XII of the DME prescribed in the Medical Guidelines, the learned counsel for the petitioner submits that mere presence of keloids is not a disqualification in terms of the Medical Guidelines; it is only where the tendency of keloid is marked or interferes with the proper wearing of combatised equipment that the candidate can be disqualified from appointment. He submits that in the present case, the RMB did not observe that the keloid formation on the petitioner has a tendency of interfering with the proper wearing of combatised equipment and therefore, cannot be used as a ground to disqualify the petitioner.

7. The learned counsel for the petitioner further submits that the petitioner had earlier applied for appointment as a Constable (GD) in the Central Industrial Security Force and after a detailed examination, having been found medically fit, was even given an offer of appointment vide letter dated 18.03.2017. The petitioner, however, could not join due to some personal reason. The petitioner thereafter applied for Sub-Inspector in CPOs Examination, 2017, where again he was declared successful in the medical examination, however, could not make the merit list. The petitioner was also declared medically fit in the similar examination in 2018 in spite of the DME first declaring him unfit on account of `multiple keloids over chest and back' as in the present instance. The learned counsel for the petitioner, on the basis of the above, submits that RME in the present recruitment process has not applied the standard as prescribed in the Medical Guidelines and therefore, its finding is liable to be set aside by this Court.

8. The learned counsel for the petitioner submits that the petitioner should be allowed an opportunity of being examined by an independent board of doctors and based on their opinion, his application be processed further by the respondents.

9. Pursuant to the order of this Court dated 23.12.2021, Dr.Rajnish Ranjan, Chief Medical Officer (SG)-Commandant, CRPF, has appeared before us via video conference. He has explained that keloids have a tendenc