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Medically unfit at the time of Medical Examination for the post of Head Constable, not allowed to join the service: Delhi High Court

A person who is medically unfit at the time of medical examination for the post of head constable (ministerial), though gets a surgery later on and becomes medically fit shall not be qualified for that batch of recruit as is decided in the case of Mandeep Kumar v. Union of India, on 20th December, 2021, in W.P.(C) 14694/2021, decided by Hon’ble Mr. Justice Manmohan & Hon’ble Mr. Justice Naving Chawla.

The facts of the case are that the Petitioner has been declared medically unfit on account of Deviated Nasal Septum right side (DNS right side) by the memorandum of unfitness dated 15th November, 2021 and the Review medical examination report dated 17th November, 2021. Hence, the Petitioner also seeks directions to the Respondents to recruit the Petitioner as head constable (ministerial) since he has been declared fit by the Medical Officer, Department of ENT, MA Civil Hospital, Hisar.

The Counsel for the petitioner contends that the Petitioner applied for the post of Head Constable (Ministerial) in the Shashastra Seema Bal [SSB] on 04th September, 2018. He states that as part of the recruitment process, the Petitioner was called for detailed medical examination on 13th November, 2021. Further, in the said medical examination, the Petitioner was given the impugned Memorandum of unfitness dated 15 November, 2021 by the Assistant Commandant (Med), Board -1, on the grounds of DNS right side and Dental Fluorosis and the Petitioner was referred for Review Medical Examination on the said two issues.

Furthermore, the counsel states that the Petitioner underwent his Review Medical Examination on 16th/17th November 2021 wherein he was again declared unfit on account of DNS right side. He states that the Petitioner subsequently underwent surgery to get the issue of DNS right side rectified in the Civil Hospital, Hisar, Haryana on 27 November 2021 and has been issued a certificate of fitness dated 2nd December, 2021.

The Court having heard the contentions of the petitioner, the Court is of the view that the certificate of fitness dated 2nd December, 2021. confirms the fact that the Petitioner was medically unfit on 15th and 17th November, 2021 inasmuch as the Petitioner had been subsequently operated for DNS right side on 27th November, 2021. Consequently, on the date the Petitioner was medically examined, he was unfit. Therefore, there is nothing illegal or irregular with regard to the decision-making process of the Respondents, which this Court alone examines in writ jurisdiction. Finding no error in the decision of the Respondents, the writ petition along with pending application was dismissed with the liberty to the Petitioner to apply for the next batch of Head Constable (Ministerial) in SSB, if eligible.

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Reviewed by Revanth

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