The requirement of BMI for employment is rational and within the employer's discretion, not arbitrary or discriminatory.

JUDGMENT :

(MURALI PURUSHOTHAMAN, J.)

The petitioner is working as a Doctor in the Employees' State Insurance Corporation Hospital, Udyogamandal, on contract basis. The National Thermal Power Corporation Ltd. (NTPC), vide Ext. P1 advertisement, invited applications for the post of General Duties Medical Officer (GDMO)/Medical Specialists for its hospitals at projects/stations. The qualification prescribed for the post of GDMO is MBBS with minimum two years' experience/practice after MBBS. The petitioner submitted application and participated in the selection process which included a written examination and an online interview. Based on her performance in the written test and interview, Ext. P2 offer of appointment was issued to her on17.07.2024. In Ext. P2, it is provided that the NTPC Service Rules require that the petitioner should be declared medically fit before joining duty and she shall get her medical examination completed at one of the NTPC hospitals.

2. The petitioner attended her pre-joining medical examination on 25.07.2024 at NTPC hospital, Ramagundam, Telangana and she was declared temporarily unfit for a period of 21 days by the Chief Medical Officer as her Body Mass Index (BMI) was found to be excessive than the prescribed BMI provided in the 'Norms And Standards For Medical Fitness' issued by the NTPC vide Ext. P3. Asper the norms, for age up to 35 years, the BMI of the candidate should be maximum of 30 kg/m 2 . It further provides that the candidate found temporarily unfit shall be declared fit only in case the candidate fulfills the criteria including the norms for BMI.

3. A review medical examination of the petitioner was fixed on 21.08.2024. According to the petitioner, to achieve the BMI of 30 kg/m 2 , she has to reduce 28 kg of her weight. On 19.08.2024, the petitioner sent Ext. P4 communication requesting for extension of the date for the medical examination by two to three months, as she was unable to achieve the required BMI of 30 kg/m² since the last examination on 25.07.2024. However, there was no response to Ext. P4.

4. While the medical re-examination was scheduled on 21.08.2024, the petitioner has filed this writ petition on 19.08.2024 contending that the denial of appointment to the post of GDMO in the NTPC on the basis of excess BMI, without grant of reasonable extension of time for medical re- examination is violative of her fundamental rights under the Constitution of India. It is also contended that the requirement to correct or reduce weight at the time of medical re-examination is unwarranted and hit by the theory of impossibility. Accordingly, the petitioner seeks to quash Ext. P3 and to declareExt.P3 to the extent it fixes the eligibility criterion of a BMI of 30 kg/m², thereby denying her appointment to the post of GDMO in NTPC, as unjust, illegal, and arbitrary. It is further sought to declare that the petitioner is entitled for appointment to the post of GDMO in NTPC pursuant to Ext. P1, either by relaxing the eligibility criterion of BMI of 30 kg/m² or by granting a reasonable extension of at least six months for medical re-examination to meet the said criterion. A further direction is sought to respondents 2 to 6 to relax the eligibility criterion of BMI of 30 kg/m² prescribed in Ext. P3 for the petitioner’s appointment to the post of GDMO in NTPC. Alternatively, a direction is sought to respondents 2 to 6 to grant an extension of at least six months for the petitioner’s medical re- examination to meet the eligibility criterion prescribed in clause 7 of Ext. P3.

5. This Court, by interim order dated 19.08.2024, directed respondents 2 to 6 to keep one post of GDMO/Medical Specialist in the NTPC vacant for appointment of the petitioner till 24.09.2024, provisionally, subject to the result of the writ petition.

6. A statement has been filed on behalf of the respondents contending that the writ petition is not maint