Delhi High Court
Krishan Yadav vs Union Of India And Anr on 10 November, 2021
$~34
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 12553/2021 & C.M.No.39528/2021
KRISHAN YADAV ..... Petitioner
Through Mr.A.K.Trivedi, Advocate.
versus
UNION OF INDIA AND ANR ..... Respondents
Through Mr.Rajnish Kumar Gaind, Advocate.
% Date of Decision: 10th November, 2021
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MR. JUSTICE NAVIN CHAWLA
JUDGMENT
MANMOHAN, J (Oral):
1. The petition has been heard by way of video conferencing.
2. Present writ petition has been filed challenging the action of the
Respondents of not granting sufficient time to him for appearing in the
review medical examination conducted by the Respondents. Petitioner also
seeks directions to the Respondents to grant ten days' time to the petitioner
for reduction of his weight and subsequently conduct his re-examination and
if found fit, consider his candidature for appointment to the post of Sub
Inspector (GD) in CAPF along with all consequential benefits.
3. Learned counsel for the Petitioner states that the respondents issued
an Advertisement for appointment/ selection to the post of Sub Inspector in
Signature Not Verified
Digitally Signed
By:KRISHNA BHOJ
Signing Date:11.11.2021
20:29:07
Delhi Police, CAPFs and assistant sub inspector in the CISF examination
2019 and the petitioner upon fulfilling all the eligibility criteria, applied for
the post of sub inspector (GD) in CAPF.
4. He states that after being successful in the written examination and
PST /PET, the petitioner was issued an admit card to appear for medical
examination on 20th October 2021, on which date he was declared unfit on
ground of being overweight as the weight of the petitioner was 80 Kg,
whereas as per his height and age, the weight of the petitioner ought to have
been between 59-72 Kg + 5 Kg.
5. He states that on the same day, the Petitioner applied for review
medical examination and requested the medical authorities to grant him at
least ten days' time to reduce his weight. However, on the very next day that
is on 21st October, 2021, the petitioner was referred for specialist opinion
and the review medical board vide order dated 26th October, 2021, again
declared him medically unfit on having determined his weight being 79 Kg.
6. Today, learned counsel for the Petitioner contends that the Petitioner
was not given sufficient time to reduce his weight as his review medical
examination was conducted on the very next day i.e. 21st October, 2021.
7. It is a settled law that this Court in writ jurisdiction only examines the
decision making process to ensure that the petitioner is treated fairly and
reasonably by the respondent.
8. Further, the purpose of a Review Medical Board is not to grant time to
the Petitioner to cure any deficiency or remove the ground of unfitness, but
to verify whether the finding of the Initial Medical Board is correct or not.
9. Admittedly, the Petitioner was over-weight on both days i.e. the date
when Initial Medical Board was held as well as on the date when Review
Signature Not Verified
Digitally Signed
By:KRISHNA BHOJ
Signing Date:11.11.2021
20:29:07
Medical Board was held. There is also no allegation of wrong doing against
the respondents.
10. Keeping in view the aforesaid, this Court finds no ground to interfere
in the present proceedings. Accordingly, the present writ petition along with
pending application is dismissed.
MANMOHAN, J
NAVIN CHAWLA, J
NOVEMBER 10, 2021
KA
Signature Not Verified
Digitally Signed
By:KRISHNA BHOJ
Signing Date:11.11.2021
20:29:07
