It is settled law that this Court in writ jurisdiction only examines the decision making process so as to ensure that the Petitioner is treated fairly and reasonably by the Respondents as upheld by the High Court of Delhi through the learned bench led by Justice Manmohan in the case of Suraksha v. Central Reserve Police Force and Ors. (W.P.(C) 13081/2021 & C.M.NOS.41261-41262/2021).
The brief facts of the case are that the Present writ petition has been filed challenging the memorandum dated 30th October, 2021 issued by Respondent No.1, whereby the Petitioner was declared medically unfit on account of being overweight. Petitioner also seeks directions to the Respondents to medically re-examine the petitioner in a time bound manner and allow the petitioner to participate in the documents verification process to be conducted in December, 2021.
According to the Petitioner, she 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 to be conducted by Respondent No. 1. She was initially declared unfit on 27th October 2021 by Respondent No.1 on various grounds such as overweight, Tremors and Anaemia, in furtherance of which the Petitioner opted for a review medical examination before the Review Medical Board. Learned Counsel for the Petitioner states that the Petitioner was declared unfit by Respondent No.1 on the ground of being overweight. He admits that the Review Medical Board through respondent no.1 declared the petitioner, being 61.2 kg, unfit as she was overweight by 7.3 kg. Learned counsel for the Petitioner states that para 11.6.2 of SI-CPO Examination Notice, 2019 provides for the weight of the candidate to correspond to the height and therefore applying the formula of Body Mass Index (BMI), the BMI of the Petitioner comes to 22.5 kg/m2 , which is within the healthy range of 18.5 to 24.9 kg/m2.
The Hon’ble High Court held, “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 five kgs., the Petitioner is not a doubtful case of overweight and consequently, the criteria of BMI is not applicable. Accordingly, the present writ petition being bereft of merit is dismissed along with pending applications.”
Judgment reviewed by Vandana Ragwani