The court ruled that officials cannot deny employment based on cosmetic appearance or future health risks without scientific examination, affirming candidates must be evaluated on current capabilities.

O R D E R

The brief facts that are relevant for disposal of this writ petition are as under:-

1.1. In response to a notification issued by the respondents for filling up the post of “Yantrik Technical (Mechanical)” in the Indian Coast Guard for the batch 02/2015, the petitioner submitted his online application vide Application No.215/912930 dated 06.03.2015. The petitioner was found eligible and he was allotted Roll No.EYM/CH/B/215/11097 and was allowed to appear for the written examination held on 16.04.2015 at Chennai. In the said written examination, the petitioner was declared as passed and thereafter, he was subjected to physical fitness test along with other candidates and he was declared as 'qualified' in the physical fitness test. It was thereafter, the petitioner was subjected to initial medical examination held at the Recruitment Centre, Chennai and he was declared medically fit. Accordingly, the petitioner was placed in the merit list and he was issued a call letter dated 18.07.2015 for final medical examination for enrollment in the Indian Coast Guard. He was also required to report to the Recruitment Officer, INS Chilka at 09:00 a.m., on 22.08.2015. Accordingly, the petitioner appeared before the Recruitment Officer on 22.08.2015 and on his appearance, the petitioner was examined by the medical officer at INS, Chilka and was referred to a surgical specialist on INHS, Nivarini, where he was declared unfit for enrollment due to “Multiple Hypopigmented to Depigmented Macules over both the Lower Limbs” (hereinafter referred to as 'Multiple Hypopigmentation') and accordingly, he was informed about the same by a letter dated 22.08.2015 issued by the Recruiting Officer concerned. It is aggrieved by the said letter dated 22.08.2015, the petitioner filed the present writ petition.

2. The respondents filed counter-affidavit contending that the petitioner was found medically unfit by the Specialist at INHS Nivarini and there is no requirement to conduct any test to view the skin condition which was visible on surface. It is also contended that there was no requirement to conduct any specialized test at the time of recruitment medical examination. It is also further stated that the standard medical literature brings out various medical conditions associated with Hypopigmentation and that certain skin conditions with Hypopigmentation do have high risk of skin cancer in future, as per the medical literature. It is also further stated that such medical conditions would entail attention for providing medical care during training and further service and selection of such candidates would defeat the purpose of screening individuals for underlying medical conditions as per prevailing coast guard policy.

3. Heard Mr.S.Ramasamy, learned counsel for the petitioner and Ms.Sunita Kumari, learned Special Panel Counsel for the respondents.

4. The respondents, in their counter-affidavit, have taken a serious objection about the description of the Respondent No.1 and contended that proper description of the Respondent No.1 would be “The Commanding Officer, Coast Guard District Head Quarters No.5, Fort St. George, Chennai – 600 009” but not the description as provided in the cause-title of the writ petition. In view of such a stand, the description of the Respondent No.1 shall stand amended duly amending the same as “The Commanding Officer, Coast Guard District Headquarters No.5, Fort St. George, Chennai – 600 009”.

5. It is not in dispute that the entire selection of the petitioner for the post of 'Yantrik Technical (Mechanical)' i