Any candidate who is overweight or underweight may be put on notice to correct this defect to retain candidacy; High Court Of New Delhi

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. UNION OF INDIA AND ANR ..... Respondents Through Mr.Rajnish Kumar Gaind Advocate. Date of Decision: 10th November 2021 HON BLE MR. JUSTICE MANMOHAN HON BLE MR. JUSTICE NAVIN CHAWLA JUDGMENT MANMOHAN Jin CAPF along with all consequential benefits. Learned counsel for the Petitioner states that the respondents issued an Advertisement for appointment selection to the post of Sub Inspector in W.P.12553 2021 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 inspectorin CAPF. 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. 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 st October 2021 the petitioner was referred for specialist opinion is on 21 and the review medical board vide order dated 26th October 2021 again declared him medically unfit on having determined his weight being 79 Kg. 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. 21 October 2021. 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. 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. 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 W.P.12553 2021 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 W.P.12553 2021 

Summary: The 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, and the same issue was held in the judgement passed by a Division bench judge HON’BLE MR. JUSTICE MANMOHAN &amp; HON’BLE MR. JUSTICE NAVIN CHAWLA, in the matter  KRISHAN YADAV  V. UNION OF INDIA AND ANR dealt with an issue mentioned above. In this case, the petitioner seeks directions to the Respondents to grant ten days to the petitioner for reduction of his weight and subsequently conduct his re-examination and also consider his candidature for appointment to the post of Sub Inspector (GD) in CAPF along with all consequential benefits. Learned counsel for the Petitioner states that the respondents issued an Advertisement for appointment to the post of Sub Inspector in W.P. (C) 12553/2021 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. 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 grounds of being overweight as the weight of the petitioner was 80 Kg. Later Petitioner applied for review medical examination and requested the medical authorities to grant him at least ten days to reduce his weight, meanwhile, 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 is 79 Kg. It should be 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 which was stated by the learned counsel of the petitioner, 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 W.P. (C) 12553/2021 Medical Board was held. There is also no allegation of wrongdoing against the respondents. The court perused the facts and argument’s presented, it thought that- “Keeping in view the aforesaid, this Court finds no ground to interfere in the present proceedings. Accordingly, the present writ petition along with the pending application is dismissed’.