Declaration of unfit is valid if proper procedure has been followed and no mala fide is attributed against the respondents: Delhi High Court
All enforcement forces have high standards of requirements that are required to be met to become a part of the service, and the if tests conducted to check the eligibility are done properly, then there is no requirement for the court’s interference. This was held in the judgment passed by a two- judge bench Hon’ble Mr. Justice Manmohan Hon’ble Mr. Justice Navin Chawla, in the matter of Devendra Singh V. Union Of India And Ors. [W.P.(C) 9559/2021 & CM APPL. 29584-85/2021], dealt with an issue where the petitioner filed a petition challenging the communication by which the petitioner was informed that the Senior Divisional Medical Officer (G&O), Eastern Railway, Asansol has declared the petitioner as unfit for recruitment as a Constable (Executive) in the Railway Protection Force.
The petitioner further challenged the communication by which the request of the petitioner for medical re- examination was not considered for the reason that the photograph of the candidate had not been attested by the doctor concerned on the medical certificate.
Counsel for the petitioner submitted that the petitioner had applied for the post of Constable (Group C Post) in the RPF. He was issued a letter mentioning his provisional selection and was called to present himself for the medical examination to be held on at the Office of the Inspector, RPF, Asansol. The petitioner duly presented himself for the medical examination, however, was declared unfit under BEE ONE (B-1) medical category due to ‘EGL 13mm defective’. The impugned communication itself advised the petitioner of the procedure to file an appeal for medical re-examination. The petitioner duly applied for the same, however, on a technical ground of the photograph of the petitioner not being attested by the concerned doctor, the request was rejected by the respondent vide impugned communication. The petitioner has thereafter undergone a medical test at IRMM at the Jaipur Calgary Eye Hospital and Research Centre Trust as well as the Raj Bahadur Memorial Rajkiye Chikitsalaya, who had declared him to be medically fit. The petitioner again applied for an Appeal Medical Board with the respondent, however, the said request has been rejected by the respondents vide impugned order without giving any reasons for the same.
After hearing both the parties The Hon’ble Delhi High Court dismissed the petition and held that Clause VI of the Instructions further states that a request for appeal must be submitted within one month from the date of receipt of the decision from the Personnel Department of being declared unfit. The petitioner was informed of him being declared medically unfit vide the impugned communication. The impugned communication further advised the petitioner that he may submit an appeal challenging this finding within one month of the date of the issue of the letter along with a medical certificate in the prescribed performa from a specialist doctor. It also held that the petitioner has been found unfit by a committee consisting of three Railway Doctors, therefore they find no merit in this case.
Judgement reviewed by – Vaishnavi Raman