Delhi High Court
Abdul Hamid vs Union Of India & Ors on 19 February, 2016
Author: Hima Kohli
13
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 1299/2016 & CM APPL.5745/2016
Decided on: 19th February, 2016
IN THE MATTER OF
ABDUL HAMID ..... Petitioner
Through : Mr. A.K. Trivedi and
Mr. Abhishek Tiwari, Advocates
versus
UNION OF INDIA & ORS ..... Respondents
Through : Mr. Arun Kumar, Advocate
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI
HON'BLE MR. JUSTICE SUNIL GAUR
HIMA KOHLI, J. (Oral)
1. The petitioner prays for issuance of a writ of mandamus,
directing the respondent/CISF to consider him for appointment to the
post of a Constable (Driver) by declaring him medically fit.
2. Mr. Trivedi, counsel for the petitioner submits that in the year
2014-15, the respondent No.2/CISF had issued an advertisement for
recruitment to the post of a Constable (Driver) and the petitioner had
applied in response. After clearing the written examination and the
physical examination, the respondent No.2/CISF had directed the
petitioner to appear for his medical examination on 22.4.2015 at the
CISF Unit, SSG Greater Noida, UP, where he was issued a rejection slip
dated 22.4.2015, declaring him unfit due to the following reason :
"Partial amputation left middle finger"
3. The aforesaid rejection slip mentioned that if the applicant
proposes to file an appeal against the findings of the medical
examination, he should apply for a review medial examination to the
respondent after obtaining a medical certificate from a registered
Medical Practitioner in the prescribed form, within fifteen days.
Accordingly, the petitioner had approached the Deen Dayal Upadhyay
Hospital, New Delhi for an opinion and a Medical Fitness Certificate
dated 29.4.2015 was issued by a Specialist at the said Hospital, who
opined that the petitioner had "no bony deformity and was medically
fit".
4. Armed with the aforesaid Certificate, the petitioner had filed an
appeal before the respondents for a review medical examination. In
response, the respondent had directed the petitioner to appear for his
review medical examination at CISF Hospital, Saket, New Delhi on
7.7.2015. When the petitioner appeared before the said Hospital on
7.7.2015, he was referred to the Ortho Surgeon of RH ITBP, New Delhi
for a specialist opinion.
5. The petitioner was brought before the Review Medical Board at
the CISF Hospital on 16.7.2015. After taking note of the opinion of the
ITBP Hospital, the Review Medical Board gave a report dated
16.7.2015, declaring the petitioner unfit on account of "partial
amputation left middle finger distal phalanx and chip fracture distal
phalanx middle finger left hand".
6. Aggrieved by the impugned rejection order, the petitioner had
approached an Orthopedic Suregon at Sawai Man Singh Hospital,
Jaipur for his medical examination. As per the Medical Fitness
Certificate dated 27.7.2015 issued by the said Hospital, the petitioner
was "able to hold major and minor objects with (L) hand" and he was
declared him fit for defence job. Thereafter, the petitioner approached
another Orthopedic Surgeon at Government B.D.M. Hospital, Kotpotli,
Jaipur and as per the Medical Certificate dated 5.8.2015 issued by the
said Hospital, "the petitioner was able to hold major and minor objects
with Lt. hand" and he was declared him fit for defence job".
7. Counsel for the petitioner states that in view of independent
opinions obtained from two different sources, the respondents ought
not to have turned down the petitioner's candidature on the ground of
medical unfitness. He requests that the respondent be directed to refer
the petitioner to any other government hospital for his re-examination.
8. The ground for rejecting the petitioner's candidature is premised
on the Guidelines for Recruitment Medical Examination in Central
Armed Police Forces and Assam Rifles as revised in May, 2015 handed
over by learned counsel for the respondents. Clause 3 of the said
Guidelines that deals with the impairment/deformities of the "Hand and
Fingers", states as below:
"3. Hand and fingers:
(a) Loss of only soft tissue of terminal phalanx of
little finger of one or both hands is to be
accepted.
xxx
(c) Scars and deformities of the fingers or hand
that impair normal functioning/free movement
of fingers/hand to such a degree as to interfere
with the satisfactory performance of
combatised duties, are disqualifying."
9 As noted above, it is an undisputed position that all the reports
referred to by the petitioner and enclosed with the present petition
have opined that there is a partial amputation of the petitioner's left
middle finger. In such circumstances, we are of the opinion that no
useful purpose would be served by directing the respondents to
conduct a fresh Medical Review Board. The ground for the rejecting of
the candidature of the petitioner is the captioned Guidelines that
prescribe that in the event of impairment of normal functioning/free
movement of the finger/hands to such a degree as to interfere with the
satisfactory performance of combatised duties, the candidate would
stand disqualified.
10. Having regard to the fact that the petitioner had applied for
recruitment to the post of a Constable (Driver) in the CISF and he
would be required to constantly use his hands for a firm grip on the
steering wheel for steering the vehicle, a free and unobstructed
movement of hands would be a necessary prerequisite as per the job
profile.
11. We must be mindful of the fact that that ultimately, it is for the
respondent as an employer to decide the benchmark of a satisfactory
performance expected of a driver and the extent to which any
impairment of the free movement of hands/finger would interfere with
such a performance. In these circumstances, we decline to exercise
our powers of judicial review by insisting that the petitioner be
appointed to the post of a Constable driver in the CISF.
12. In view of the aforesaid observations, the writ petition is
dismissed, along with the pending application.
HIMA KOHLI
(JUDGE)
SUNIL GAUR
(JUDGE)
FEBRUARY 19, 2016/sk/rkb
