'Single Testis In Scrotum, Medically Unfit': Orissa HC Dismisses Plea Of Constable Who Was Denied Appointment As CISF Sub-Inspector

The Orissa High Court has dismissed the writ petition filed by a Constable of Central Industrial Security Force (CISF) who was denied appointment to the post of Sub-Inspector, even after qualifying the written test in the departmental examination, on the ground that he was having a 'single testis' in the scrotum.

While upholding the decision of the Medical Review Board which found the petitioner to be 'medically unfit', the Single Bench of Dr. Justice Sanjeeb Kumar Panigrahi observed –

“The post of Sub-Inspector/Exe (LDCE) is a higher post than that of Constable/GD. Post of Sub-Inspector/Exe carries higher duties and responsibilities. Accordingly, the candidates those who fulfill all the eligibility criteria and qualify in all events of recruitment process will be selected and appointed to the post.”

Factual Background

The petitioner was appointed as a Constable in the CISF in the year 2008. In 2014, he applied for appearing in the Limited Departmental Competitive Examination (LDCE), which has held for facilitating promotion of departmental candidates to the post of Sub-Inspector (SI).

The petitioner duly qualified the written examination and he was called for physical verification and physical efficiency test. The test reports suggested that he was diagnosed with 'undescended testis'/ having a single testing in his scrotum, for which he was declared medically unfit for recruitment as SI.

Being aggrieved, he challenged the findings and thus, he was further subjected to review medical examination. But he was again declared unfit by the review board on the same ground. Hence, he filed this writ petition before the High Court challenging the findings of the board.

Court's Observations

After hearing the concerned parties, the Court held that the post of Sub-Inspector/Exe (LDCE) is a higher post than that of a Constable/GD. For selection to the post of SI, certain educational qualifications have been prescribed along with certain medical standards.

Justice Panigrahi observed that the candidates who qualify all the eligibility criteria and also fulfill the medical standards, they can only be appointed to the posts. He relied upon the judgment of the Delhi High Court in Km. Priyanka v. Union of India & Ors. which categorically acknowledged the higher standards required in the armed forces.

The Single Bench further held that the selection of the petitioner to the post of Constable in the year 2008 has no relevancy with the incumbent recruitment to the post of SI and also the standards prescribed for both the posts are palpably different, including the medical standards.

“Hence, the allegation of illegality, arbitrariness etc. cannot be held to be true in the absence of any material. The Department has no personal grudge or anything against the Petitioner, it has just tried to have the medical test as prescribed under the selection rules,” it held further.

Accordingly, the writ petition was dismissed being devoid of merit.

Case No: W.P.(C) No. 11392 of 2014

Date of Judgment: June 25, 2024

Counsel for the Petitioner: Mr. Agasti Kanungo, Advocate

Counsel for the Respondents: Mr. Jateswar Nayak, Central Govt. Counsel

Citation: 2024 LiveLaw (Ori) 52