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VIVEK RUSIA
AKSHA BEE W/o ASLAM KHA – Appellant
Versus
UNION OF INDIA – Respondent
ORDER : – With the consent of parties heard finally. The petitioner has filed this present petition being aggrieved by the action of respondents wherein she has been declared unfit for the post of Constable-GD due to being overweight.
2. The Staff Selection Commission issued an advertisement dated 21-7-2018 inviting applications to fill the post of Constable-GD. In pursuance of the advertisement petitioner applied for the said post and she was permitted to appear in the written examination. The petitioner secured 83 marks out of 100 hence, she was called for Physical Efficiency/Standard Test (in short: PET/PST). The petitioner appeared before the Recruitment Board CISF Unit, BHEL Bhopal and she has been declared qualified in the race. She has also been declared qualified in respect of height and 5 km/1.6 km run. Since her weight was found 63 kg she was overweight by 13 kg. accordingly, she was unfit and directed to fulfill the weight criteria at the time of DME.
3. Accordingly, the petitioner was medically examined in detail for the said post by the medical officer who reported in the prescribed format (Annexure H) dated 25-1-2020 with the finding that she was overweight having BMI
The petitioner's failure to produce evidence disputing the initial overweight finding and the lack of a medical certificate for RME led to the dismissal of the petition.
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.
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.
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.
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.
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