Aman Kumar vs Union Of India And Others

Puneet Gupta, J

The writ petition has been preferred by the petitioner seeking inter alia the following reliefs:-

i) to quash the review medical report dated 20.09.2022 declared with respect to petitioner by the respondents as being illegal, arbitrary against the uniform guidelines for recruitment Medical Examination in CAPFs and AR issued vide MHA UO No. A.VI-1/2014-Rectt (SSB) dated 20.05.2015 and MHA OM No. E.32012/ ADG(Med)/DME & RME/DA-1/2020 (Part File)/1166 dated 31.05.2021.

ii) to constitute a medical board for re-examination of the petitioner under rules and uniform guidelines for recruitment Medical Examination issued vide MHA UO No. A.VI-1/2014-Rectt(SSB) dated 20.05.2015 and MHA OM No. E.32012/ADG(Med)/DME & RME/DA-1/2020 (Part File)/1166 dated 31.05.2021 for conducting medical examination for CT/GD Exam-2021 in CAPFs and AF.

iii) to appoint the petitioner as Constable (GD) in CAPF by declaring the petitioner as medically fit.

iv) to restrain from to filling up or making any appointment of Constables (GD) in CAPFs, post, until the final assessment of the petitioner or in alternative to reserve one post for the petitioner by issuance of writ of prohibition.

v) any other interim or final relief of Hon’ble Court may deem appropriate in the circumstances of the case.”

Brief facts of the case as projected in this petition are that the petitioner being aggrieved by the Review Medical Report dated 20.09.2022, where under the petitioner was declared as unfit for selection to the CAPF and AF, is challenging the same as being declared without following the uniform guidelines for recruitment medical examination in CAPFs and AR issued vide MHA UO No. A.VI-1/2014-Rectt(SSB) dated 20.05.2015 and MHA OM No. E.32012/ADG(Med)/DME & RME/DA-1/2020(Part File)/1166 dated 31.05.2021. Learned counsel for the petitioner submits that respondent No.4 had issued advertisement notification for Recruitment Examination 2021 for the post of Constable (GD) in Central Armed Police Forces (CAPFs), NIA, SSF and Rifleman (GD) in Assam Rifles. It is pertinent to mention here that petitioner in response to the advertisement notification for Constable (GD) in Central Armed Police Forces (CAPFs), NIA, SSF and Rifleman (GD) in Assam Rifles Examination, 2021 applied for the same being eligible and fulfilling all qualification prescribed therein under OBC category.

Learned counsel for the petitioner further submits that the petitioner being eligible was called to appear in the written examination test held on 03.12.2021 at Jammu and the petitioner successfully passed the written examination test. After successfully qualified the written test, the petitioner was called for physical examination test to be conducted on 30.05.2022. As per the requirement of the respondents, the petitioner qualified the same. The final result under Sr. No. 6 of the PST/PET was declared and the petitioner had qualified in all aspects of PST/PET, which was attested by the Board of recruitment. It is further submitted that the petitioner after qualifying the physical examination test PST/PET was called to appear in detailed Medical Examination for recruitment to the post of CT/GD Exam-2021 at 21st Bn. ITBP, Panthachowk, Srinagar, J&K. However, during the course of medical examination of the petitioner, he was declared unfit for suffering from the reason Hyper-pigmented patches over back and neck and overweight. After the petitioner was declared unfit by the respondents, the petitioner immediately contacted department of Dermatology, Sri Maharaja Gulab Singh Hospital, Government Medical College, Jammu for taking the opinion of the specialist on the skin condition/patches which the petitioner has since his birth.

The petitioner further submits that the specialist doctor, who examined the petitioner, submitted his opinion with observation that the skin condition which the petitioner has is Nevus De-pigmentosus without any other abnormality detected which could make the petitioner unfit and suggested no active intervention is required. It is further submitted that thereafter the petitioner appeared in Review Medical Board on 20.09.2022 at Ftr HQ BSF, Jammu along with the Out Patient Card issued on 16.09.2022 containing opinion of the specialist and showed the same to the Medical Board constituted for Review of unfit cases but the Review Medical Board ignored the opinion of the specialist doctor. The petitioner submits that a Nevus (birthmark) depigmentosus (loss of colour) (also known as nevus achromicus [having no colour except black or white or grey]) is a common congenital (birth) disorder characterized by focal non-progressive (remain the same trough) hypo-pigmentation (skin lighter in colour than other) that remains stable in its shape and distribution throughout life, although its size typically grows in proportion to overall body growth. Nevus depigmentosus typically presents at birth or at a very early age, usually before 3 years. Further, there are no associated systemic abnormalities with nevus depigmentosus, and lesions do not have malignant (cancer) potential, meaning thereby that the skin patches which the petitioner is having since birth are not the one that can make the petitioner unfit in any manner and cannot contribute in any manner to reduce the physical efficiency of the petitioner in performing the combat duties.

The impugned action of the respondents has been challenged by the petitioners on the grounds mentioned above. The so called disease has no affect on the working of the petitioner as Constable (GD) in CAPF.

On being put on notice, the respondents have filed their objections in which it is submitted that the civil doctors/specialist are unaware about instructions/guidelines issued by MHA as well as Force Medical standard while issuing fitness certificates. It is further submitted that the medical examination of the petitioner had been conducted strictly in accordance with Revised Uniform Guidelines for Recruitment Medical Examination of GOs and NGOs in the CAPFs & AR. It is further submitted that the recruitment process have been observed judiciously, meticulously and only medically fit and successful. Candidates have been considered for appointment to the post of Constable (GD) in said recruitment. Therefore, no fundamental as well as legal right of the petitioner have been violated by the respondent-authorities, which forced them to approach before this Hon’ble Court.

Heard learned counsel for the parties and perused the material on record.

The record shows that the petitioner has successfully cleared all the tests. However, his candidature was rejected by the Review Medical Board on the ground that the petitioner was medically unfit and suffering from Hyper-pigmented patches over back and neck and overweight.

During the course of arguments guidelines for recruitment/medical examination in CAPF and Assam Rifles which was revised in May 2015, Chapter-XII and concerns with the examination for skin diseases and leprosy were referred to by the counsels. The candidatures can be rejected on the medical grounds as per guidelines.

Learned counsel has referred to para XII, which deals with examination for skin diseases and leprosy. The same is reproduced as under:-

“Examination for skin diseases and leprosy:

A. Leprosy: Examination for any Hypo-pigmented area which is usually anesthetic, thickened and enlarged peripheral nerves especially ulnar nerve over ulnar groove, ulceration on mucous membranes of the nose or mouth etc much be done carefully. If ulnar nerve is found palpable and thickened then the superficial auricular nerve and posterior labial nerve should also be palpated. All such cases are to be rejected.

B. Other conditions which are to be considered for rejection:

Severe acne, if extensive involvement of the neck, shoulders, chest, or back is present or would be aggravated by or interfere with the proper wearing of combatised equipment, are disqualifying.

Atopic dermatitis or infected extensive eczema.

Contact dermatitis, especially involving materials are used in any type of required protective equipment, is disqualifiying.

Cysts……”

It cannot be disputed that the government doctor certified that the petitioner is medically fit for the post in question. The Medical Board while reviewing the case of the petitioner has not mentioned that he cannot otherwise perform functions of Constable (GD) and, therefore, should not have normally been the reason for declaring the petitioner unfit for the job.

Learned counsel for the petitioner has referred to the judgment passed by this Court in case titled Sunil Kumar v. Union of India and others, decided on 21.02.2023 and argued that the same applies in the case in hand.

Learned counsel for the respondents could not counter the argument of counsel for the petitioner though he feebly tried to argue that the case of the petitioner is different from the one in writ petition SWP No. 2108/2016. The guidelines altogether disqualify the petitioners from being considered for the post, as argued by respondents, cannot be accepted, if they can otherwise perform the duties efficiently.

The Court is of the view that the judgment of Sunil Kumar (supra) applies on all fours in the present petition and the court need not take the view different from the one taken in the said writ petition.

Accordingly, the petition is allowed and the respondents are directed to again convene the Medical Board for re-examination of the petitioner and offer him appointment, if he is found fit to perform the duties of Constable (GD) in terms of the revised guidelines of 2015. The needful shall be done within a period of three months from the date certified copy of this judgment is made available with the concerned respondent(s).

Disposed of in above terms.