Judicial review of medical unfitness in disciplined force recruitments limited to procedural breaches or discrepancies; courts defer to expert boards absent specified grounds for interference.

O R D E R (ORAL)

Hon’ble Mr. Manish Garg, Member (J)

1.By virtue of the instant Original Application, the applicant seeks the following relief(s):-

“i) To set aside the medical report dated 19.1.2024 (copy never supplied, thus not annexed) and Review Medical examination report dated 3.2.2024 whereby the applicant was declared medically ‘unfit’ and to further direct the respondents that the applicant be subjected to a fresh medical examination in any recognized/reputed hospital of the government in NCR at the earliest and if found fit then 12:42:16 to appoint the applicant to the post of Constable(Exe) Male in present selection process with all consequential benefits including seniority & promotion and pay & allowances.

And/or Any other relief which this Hon’ble Court deems fit and proper may also awarded to the applicant.”

2. The matter pertains to rejection of candidature on the issue of medical examination. The applicant has been suffering from Hypertension and Obesity. The candidature of the applicant has been rejected by DME and RME also. However, this is not the disputed fact.

3. Learned counsel for the applicant submits that the applicant was examined at Civil Hospital, Rohtak dated 29.04.2024, whereby he was declared physically fit to perform his duties.

4. Learned counsel for the respondents vehemently opposes to grant of Interim Relief. He relies upon the averments contained in the counter affidavit. Paras 9, 10 & (m) of the counter affidavit read as under:-

“9. That applicant candidate Sandeep Kumar [Roll No. 2214048424] son of Sh. Umed Singh, resident of VPO Singhwa Khas, District Hissar, Haryana- 125042 (here-in-after called the applicant) had applied for recruitment to the post of Constable (Exe) Male in Delhi Police examination 2023 under UR+ESM category and shortlisted by the SSC in the CBE for appearing in Physical Endurance & Measurement Test (referred in short as PE&MT). The PE&MT of the applicant was held at DPA/Jharoda Kalan, Delhi in Ground No. 8 on 18.01.2024. After successfully qualifying the PE&MT, his documents checking/verification was conducted on the same day as per instructions laid down under para 16.8 of notice of 12:42:16 the examination dt. 01.09.2023.

10. That the Detailed Medical Examination (DME) of the applicant was conducted on 23.01.2024 by the Medical Board consisting of members as senior doctors. The B.P. of the applicant was recorded as 168/94 and 162/106. The BMI of the applicant was recorded as 29.8. Hence, the applicant was declared medically UNFIT on account of “Hypertension & Obesity” by the Medical Board. Photocopies of the DME of the applicant are annexed herewith and marked as Annexure- R/’1’.

(m) That according to Standing Order No. HRD/04/2022 of Delhi Police and Recruitment Notice of the Examination dt. 01.09.2023 at Point Nos. 11 and 13 respectively under captioned ‘Medical Standard for Constable (Executive) Male & Femals’ in this connection, it is submitted that the prescribed medical standards requires the candidates to be free from defect, deformity and disease. In the present case, the applicant has been found to have “Hypertansion” and “Obesity” in Direct Medical Examination as well as in Review Medical Examination. As such, it is evident that the applicant did not meet the desired medical standard of “Free from defect” prescribed for the said post. Hence, the applicant was rightly declared medically Unfit in his DME and RME by the Medical Board comprising of senior Doctors whose professional competencies cannot be challenged and the report of Medical Examination concluded by the Medical Board has become “fait accompli” as decision of R