Service Recruitment| Appeal Against Medical Exam Report May Be Filed On Same Day, Review Board Not For Giving Time To Rectify Ineligibility: Delhi HC
The Delhi High Court recently held that merely because the Petitioner was not granted 15 days' gap between his Detailed Medical Examination and Review Medical Examination for recruitment in the Police force, it cannot be said that there was any fault in the procedure adopted.The Petitioner, a CAPF aspirant, had claimed that even though candidates are granted 15 days period to the candidate...
The Delhi High Court recently held that merely because the Petitioner was not granted 15 days' gap between his Detailed Medical Examination and Review Medical Examination for recruitment in the Police force, it cannot be said that there was any fault in the procedure adopted.
The Petitioner, a CAPF aspirant, had claimed that even though candidates are granted 15 days period to the candidate to make an appeal before the Review Medical Board, he was forced to submit his appeal on the very same day on which the DME was conducted.
As a consequence, the petitioner could not bring his weight within the permissible limit, thereby being denied an opportunity to be selected.
At the outset, the Bench comprising of Justice Navin Chawla and Justice Manmohan said,
"The purpose of RMB is to ensure that no mistake has occurred in the DME of the petitioner. The purpose is not to grant time to the candidate to rectify the deficiencies or the ailments because of which he/she has been declared ineligible for their applied post."
Therefore, it was held that the entire premise of the submissions of the petitioner that he should have been granted fifteen days time to apply for an Appeal/RMB is incorrect.
The Court thus declined his plea for re-conducting his medical examination.
The petitioner had submitted fresh medical reports prepared by independent hospitals. Perusing the same, the Court was of the opinion that the petitioner's BMI is still more than the admissible limit.
"In fact, it has to be remembered that the recruitment is to the CAPFs which would require stricter physical and medical standards to be achieved by the candidates as they have to perform their duties in the most strenuous and hostile environments and locations."
The Bench also relied on Clause 2 (d) of the 'Guidelines for Recruitment Medical Examination in Central Armed Police Forces and Assam Rifles' and noted that only in the borderline cases that the BMI of the applicant is to be considered, but the petitioner would still be 7kgs overweight and therefore he could not avail the benefit of BMI.
Case Title: Avin Dalal v. Union of India & Ors., WP (C ) 15179/2021
Citation: 2022 LiveLaw (Del) 58