Ashish Kumar Verma vs Union Public Service Commission ...
2012 Latest Caselaw 5799 Del

$~4
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                 Date of Decision: September 27, 2012

+                            W.P.(C) 6142/2012

       ASHISH KUMAR VERMA                                 ..... Petitioner
                    Represented by:           Dr.Vijendra Mahndiyan, Adv.
                                              with Ms. Pallavi Awasthi, Adv.

                    versus

       UNION PUBLIC SERVICE COMMISSION AND ORS
                                                 ..... Respondents
                     Represented by: Mr.Naresh Kaushik,Adv. with
                                     Ms.Joymoti Mize, Adv. for
                                     R.1/UPSC.
                                     Mr.Amrit Pal Singh, Adv. with
                                     Mr. Gurjinder Kaur,Adv. for
                                     R.2 & 3.

       CORAM:
       HON'BLE MR. JUSTICE PRADEEP NANDRAJOG
       HON'BLE MR. JUSTICE MANMOHAN SINGH


PRADEEP NANDRAJOG, J. (Oral)

CM No. 16544/2012 Allowed, subject to just exceptions.

W.P.(C) 6142/2012

1. This is probably the 50th matter dealt with by this Court pertaining to the medical fitness standards applied while certifying fitness of persons who successfully clear the examination for being appointed to various posts in Central Para Military Forces.

2. In each case we have highlighted that it is useless to simply state that the person concerned has been found to be unfit, or at the most simply state the cause for it to be opined that the person is unfit. We have been highlighting the importance of referring to the known medical standards of fitness, for the reason, hardly anybody in this world would be a 100% fit person; tested on the scale of fitness achieving the highest point.

3. In the instant case, the notification issued by the Ministry of Home Affairs being No.I-45023/1/2011-Pers.-II dated June 18, 2011 has certified the fitness standard pertaining to the fore limbs, with reference to the elbows : having a carrying angle which should not be more than 15 degree for males and 20 degree for females.

4. The petitioner successfully cleared the selection test to be appointed as Assistant Commandant pertaining to CAPF (Assistant Commandant) Examination-2011 but when medically examined on June 19, 2012 was declared unfit with the reason 'CUBITUS VALGUS'. The degree of angle has not been stated. The petitioner got himself examined by an Orthopedic Doctor at Apollo Hospitals International Ltd., Ahmedabad, who certified as per certificate dated August 4, 2012, that both elbows of the petitioner have a carrying angle of 11 degree on both sides. Same is the opinion recorded in the certificate dated August 8, 2012 issued by the Civil Hospital at Ahmedabad. Even the Senior Medical Officer, 135 Bn. CRPF, Gandhinagar Composite Hospital has certified that the carrying angle of the petitioner was found to be 11 degree.

5. Suffice would it be to state that as per the notification issued by the Ministry of Home Affairs, pertaining to males, the carrying angle should not be more than 15 degree. Doctors are repeatedly opining that the carrying angle of the petitioner is 11 degree and it needs hardly any emphasis to be

brought out by us that 11 is less than 15.

6. It is to be regretted by us that the BSF doctors are not keeping in mind the prescribed standards. Instant case highlights the same.

7. Virtually every day a writ petition on the subject of medical fitness is reaching this Court.

8. We direct that henceforth if any doctor of any Central Para Military Force would give an inchoate opinion we would treat it to be a case of contempt. We direct that henceforth every doctor or a Board of Doctors of every Central Para Military Force, while conducting the medical examination of a candidate, if finding the candidate to be unfit, would record the parameter with reference where-to unfit has been opined. A reference would be made to the requisite standards prescribed or known to be prescribed and accepted as such by the experts in the field. Any such certificate issued hereinafter which does not so prescribe would be treated as an act of defiance of the orders passed by this Court and for which the Addl. Director General (Medical) of the CAPF would be personally liable.

9. As regards the petitioner, we do not want him to suffer any further procedural delays due to inaction by the doctors of the respondents; noting that the Senior Medical Officer, 135 Bn. CRPF has found that the carrying angle of both elbows of the petitioner is 11 degree; this has been so found by two other Senior Doctors at Civil Hospitals, we declare that the petitioner is medically fit to be appointed as an Assistant Commandant in a Central Para Military Force.

10. We issue a mandamus to proceed ahead with the appointment of the petitioner.

11. Treating the petitioner to be medically fit, such further procedure as per Rules applicable which have to be undergone by the petitioner shall be

so done.

12. We direct the respondents to send a copy of this order to Addl. Director General (Medical) of the CAPFs.

13. The petitioner is held entitled to costs in the sum of `20,000/- which shall be paid by respondents No.2 & 3.

14. Dasti.

(PRADEEP NANDRAJOG) JUDGE

(MANMOHAN SINGH) JUDGE SEPTEMBER 27, 2012 skb