Delhi High Court
Chitra vs Union Of India & Ors. on 11 January, 2022
$~1
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 11.01.2022
+ W.P.(C) 13079/2021 & CM 41259/2021
CHITRA ..... Petitioner
Through Mr.Aayushman Aeron, Adv.
versus
UNION OF INDIA & ORS. ..... Respondents
Through Ms.Archana Gaur, Ms.Ridhma
Gaur, Advs.
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MR. JUSTICE NAVIN CHAWLA
NAVIN CHAWLA, J. (Oral)
The petition has been heard by way of video conferencing.
1. This petition has been filed by the petitioner challenging the
result of the Detailed Medical Examination (in short, 'DME') of the
petitioner conducted on 26.10.2021 as well as the result of the Review
Medical Examination (in short, 'RME') conducted on 27.10.2021. The
petitioner further prays for direction to the respondents to conduct a
fresh DME for the petitioner.
2. The petitioner had applied pursuant to the notice inviting
applications for the post of Sub-Inspector in the 'Delhi Police, CAPFs
Signature Not Verified
Digitally Signed
By:SHALOO BATRA
Signing Date:16.01.2022
and Assistant Sub-Inspector in CISF Examination 2019'. The
petitioner, upon clearing the Physical Endurance Test and Physical
Standards Test (PET & PST), was invited for her DME at the
Composite Hospital, CRPF, GC Campus Golf Course Road, Ajmer,
Rajasthan (hereinafter referred to as 'CH CRPF').
3. It is the case of the petitioner that during the DME conducted on
26.10.2021, she was found unfit on two grounds, which are as follows:
i) Overweight (10 kgs);
ii) Anaemia
The learned counsel for the petitioner submits that at the PST stage,
her height was recorded at 164 cm. The DME result did not mention
the measurements, but it was understood that the petitioner's weight
was recorded at 64 kg and the petitioner was informed that she is
overweight by 10 kg.
4. Aggrieved by the result of the DME, the petitioner applied for
her RME which was to be held on 27.10.2021 at CH CRPF. At the
RME stage, the petitioner was first weighed at 9 AM and her weight
was found to be around 56.8 kg. Further, at around 6 PM, the
petitioner was weighed again and her weight was recorded at 57 kg.
Vide the result of the RME, which was declared on 27.10.2021, the
petitioner was found medically fit on the ground of anaemia but was
still found medically unfit on the ground of being overweight by 3 kg.
5. The learned counsel for the petitioner has placed reliance on the
'Guidelines for Recruitment Medical Examination in CAPF and
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Digitally Signed
By:SHALOO BATRA
Signing Date:16.01.2022
Assam Rifles' (hereinafter referred to as the 'Guidelines') issued in
the year 2015 to submit that a variation of 5 kgs was to be accepted.
The learned counsel for the petitioner submits that the declaration of
the petitioner as 'Unfit' is therefore, incorrect and is liable to be set
aside.
6. On the other hand, the learned counsel for the respondents
submits that the petitioner having been found overweight, has been
rightly declared 'Unfit' for appointment.
7. We have considered the submissions made by the learned
counsels for the parties. Clause 2(d) of the Guidelines as on May,
2015 inter-alia prescribe the following standards for weight:
"2. GENERAL INSTRUCTIONS FOR
RECRUITMENT BOARD.
xxxx
(d) Measurement of physical standards viz. height,
weight, and chest is the responsibility of the Physical
Standard Test Board (PST Board) for all categories of
candidates i.e GOs, SOs and Ors. Medical officers will
not be part of PST board both for Male & Female
candidates. Since presence of a female is required at the
time of recording of physical standard (PST), a female
non medical staff may be associated with PST board.
Recruiting medical officer need not record to physical
measurements. Recruiting medical officer will mention
physical standard in the medical examination form as
recorded by the PST board. In borderline cases of
overweight, BMI should also be considered to arrive at
conclusion and variation of 5Kg +/- from the
minimum/maximum limit may be accepted. Similarly
while measuring height fraction of cm less that 0.5 will
be ignored and 0.5 cm & more will be rounded off to the
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Digitally Signed
By:SHALOO BATRA
Signing Date:16.01.2022
next higher cm. Standard height weight chart is attached
at ANNEXURE-I."
8. A reading of the above clause would show that in borderline
cases, the Body Mass Index (in short, 'BMI') of the applicant is to be
considered. The borderline cases are prescribed as being in variance of
5 kg from the maximum or minimum limit. The standard
height/weight chart, which has been annexed as Annexure-6 to the
writ petition, details the weight range at various heights. The
respondent does not deny that the petitioner's weight at the time of
RME was not exceeding more than 5 kgs of the maximum weight
prescribed for her height and her BMI was also within permissible
limit.
9. This Court, in its judgment dated 17.12.2021 in Pankaj Kumar
v Central Reserve Police Force and Ors., W.P.(C) 13134/2021,
relying upon Clause 2(d) of the Guidelines, had also reversed the
finding of the petitioner therein being deemed medically unfit on the
ground of being overweight.
10. In view of Clause 2(d) of the Guidelines, we find that the
petitioner could not have been declared medically unfit. Accordingly,
the findings of the RME declaring the petitioner as 'Unfit' for
appointment, is set aside. The respondents are directed to process the
application of the petitioner further, in accordance with law.
Signature Not Verified
Digitally Signed
By:SHALOO BATRA
Signing Date:16.01.2022
11. The petition is disposed of with the above direction. There shall
be no order as to cost.
NAVIN CHAWLA, J
MANMOHAN, J
JANUARY 11, 2022/AB
Signature Not Verified
Digitally Signed
By:SHALOO BATRA
Signing Date:16.01.2022
