Congenital abnormalities like nevi are not grounds for disqualification unless they impede duty performance; height relaxations for North-East candidates do not constitute unfair advantages.

JUDGMENT

Heard learned counsel for the respective parties.

2. This writ petition has come to be filed by the petitioner, namely Sri Shambhu Debnath who appeared in the selection process pursuant to one advertisement dated 21st July 2018 issued by the Staff Selection Commission for recruitment to the post of Constable (GD) in the Central Armed Police Forces (CAPFs), NIA, SSF and Rifleman (GD) in Assam Rifles (AR). The recruitment process adopted consists of a Computer Based Examination, Physical Efficiency Test, Physical Standard Test and Medical Examination. The petitioner, admittedly, was declared qualified in the Computer Based Examination, Physical Efficiency Test and Physical Standard Test. It is further stated that on 24th January 2020, the petitioner appeared for Detailed Medical Examination (DME) and after going through the test, he has been declared unfit/unqualified inter alia on the ground that the petitioner had a huge 'naevus' on right side of his abdomen. Although the petitioner claimed that the said nevus was a birthmark and it is also alleged that the guidelines do not anywhere prescribe rejection in the event a candidate is found with nevus. Yet since the petitioner was declared unfit/unqualified he filed the present writ petition.

3. A counter-affidavit came to be filed by the respondents and it may be pertinent to note herein that this Court vide order dated 20th October 2020 directed the respondents to include the petitioner in the final select list provisionally subject to further orders that may be passed in this petition and through affidavit dated 12th April 2021, it is admitted by the respondents that pursuant to said direction one post has been kept reserved awaiting outcome of the present writ petition.

4. Further, in course of hearing of the matter, this Court passed the following order on 18th November 2021 :

'18/11/2021

Heard learned counsel for the respective parties. The main issue that arises for consideration at the present juncture in the case is relating to Annexure-I which is a report submitted by the Review Medical Board in respect of examination of the petitioner Shambhu Debnath. The said report appears to have been prepared by a Board of doctors of the Conduct of RME of Combined Rect Rally for Constable GD in CAPFs and Rfn (GD) in AR 2018 which is extracted hereinbelow :

'FORM NO.4 OF CONSTABLE (GD) EXAM-2018

REVIEW MEDICAL EXAMINATION REPORT

Roll No. : 5601003543

Name of Candidate : SHAMBHU DEBNATH

Gender : Male

Father's/Husband Name : MANTU DEBNATH

Identification Marks:

(i) A BLACK MOLE ON BACK OF NECK

(ii) A BLACK MOLE ON GLABELLA

Candidate's Signature (in presence of the Medical Board)

Sd/- (Shambhu Debnath)

(1) Reason for Medical Unfitness : Huge Nevus on Rt. Side of abdomen.

(2) Brief of Review Medical Examination & Finding thereof :

Huge Becker's Nevus on Rt. Lower trunk (both front & back)

(3) Final Opinion:

(a) FIT : ...................

(b) UNFIT on account of: Huge Nevus which may have underlying Congenital anomalies & may further turn into tumor.'

The report speaks for itself. The learned Asstt. Solicitor General on behalf of the Union of India drew the attention of this Court to Office Memorandum dated 20.05.2015 issued by the Ministry of Home Affairs and in particular, Chapter-XII under the heading 'Examination for Skin Diseases and Leprosy' and (B) stipulates other conditions which are to be considered for rejection. Sl. No.8 thereof reads as follows:

'8. Congenital or acquired anomalies of the skin such as nevi or vascular tumors that interfere with function, or are exposed to constant irritation are disqualifying. History of