Delhi High Court
Aparajita vs Central Reserve Police Force And ... on 23 November, 2021
$~38
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 13136/2021 & CM APPLs. 41425-41426/2021
APARAJITA ..... Petitioner
Through: Mr. Amit Kaushik, Advocate.
versus
CENTRAL RESERVE POLICE FORCE AND ORS ..... Respondents
Through: Mr. Rajesh Gogna, Advocate.
% Date of Decision: 23rd November, 2021
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MR. JUSTICE NAVIN CHAWLA
MANMOHAN, J. (Oral)
1. Present writ petition has been filed challenging the Memorandum
dated 28th October, 2021 issued by respondent No.1, whereby the petitioner
was declared medically unfit on account of being overweight and having
defective distant vision. Petitioner also seeks directions to the respondents to
medically re-examine the petitioner in a time bound manner and allow him
to participate in the documents verification to be conducted in December,
2021.
2. Learned counsel for the petitioner states that the petitioner qualified
Paper-1 and Paper-2 in the SI-CPO Examination Notice, 2019 and was
shortlisted by respondent No.3 for a Detailed Medical Examination. He
further states that the petitioner was initially declared unfit on 27th October,
2021, by respondent no.1 on the grounds of overweight and Defective
Signature Not Verified
Digitally Signed By:JASWANT
Signing Date:25.11.2021
18:18:44
Distant Vision of both eyes, in furtherance of which the petitioner opted for
a Review Medical Examination.
3. Learned counsel for the petitioner states that in the Review Medical
Examination, the height and weight of the petitioner were incorrectly
measured as 157 cms and 58.2 kgs as against the correct measurement of
159 cms and 57 kgs respectively and the petitioner was declared medically
unfit on the same grounds as that of the detailed medical examination.
4. He further states that para 11.6.2 of the SI-CPO Examination Notice,
2019 provides for the weight of the candidate to correspond to the height
and therefore applying the formulae of Body Mass Index, the BMI of the
petitioner comes to 22.50 kg/m2 which is within the healthy range of 18.5 to
24.9 kg/m2. He submits that a variation of 5 kg in weight is acceptable in
terms of Medical Examination Guidelines.
5. He states that the petitioner got her eyes checked in a reputed
Government Hospital on 30th October, 2021 and the vision parameters for
both the eyes came to be 6/6 which is within the acceptable standards in
terms of the Medical Examination Guidelines.
6. It is 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 respondents.
7. As per the Review Medical Board, the height and weight of the
petitioner is 157 cms and 58.2 kgs respectively, which in turn makes the
petitioner overweight by 7.2 kgs in accordance with Annexure-I of the
Medical Examination Guidelines. Even if the petitioner's averments in the
writ petition are believed then also the petitioner is overweight by 5.25 kgs.
Signature Not Verified
Digitally Signed By:JASWANT
Signing Date:25.11.2021
18:18:44
8. Consequently, admittedly, the petitioner was overweight by more than
5 kgs. on both the occasions i.e. the date when the initial Medical Board was
held as well as on the date when the Review Medical Board was held.
Accordingly, the present matter is not a doubtful case of overweight as the
petitioner does not fall within the + 5 kgs. category.
9. This Court is of the view that the criterion of BMI is to be applied
only in doubtful cases of overweight. As the petitioner was found
overweight by both the Initial Medical Board as well as Review Medical
Board and that too, by more than 5 kgs., the petitioner is not a doubtful case
of overweight and consequently, the criterion of BMI is not applicable.
10. Accordingly, the present writ petition being bereft of merit is
dismissed along with pending applications.
MANMOHAN, J
NAVIN CHAWLA, J
NOVEMBER 23, 2021
js
Signature Not Verified
Digitally Signed By:JASWANT
Signing Date:25.11.2021
18:18:44
