Dr. Abhishek Gianchandani v. Director General, Central Reserve Police Force & Ors.

Delhi High Court · 21 Dec 2023 · 2023:DHC:9517-DB
Sanjeev Sachdeva; Manoj Jain
W.P.(C) 15361/2022
2023:DHC:9517-DB
administrative petition_dismissed

AI Summary

The Delhi High Court upheld the rejection of a candidate’s recruitment to the CRPF on grounds of being overweight beyond prescribed medical standards, dismissing his plea for regular appointment despite prior temporary service.

Full Text
Translation output
W.P.(C) 15361/2022 1
HIGH COURT OF DELHI
JUDGMENT
delivered on: 21.12.2023
W.P.(C) 15361/2022 & CM APPL. 47717/2022
DR. ABHISHEK GIANCHANDANI ..... Petitioner
versus
DIRECTOR GENERAL, CENTRAL RESERVE POLICE FORCE & ORS. ..... Respondents
Advocates who appeared in this case:
For the Petitioner: Mr. Sanjay Kumar, Advocate
For the Respondents: Mr. Subhash Tanwar, CGSC with Mr. Sandeep Mishra, Mr. Ashish Choudhary and Ms. Priya Mishra, Advocates
CORAM:
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
HON'BLE MR. JUSTICE MANOJ JAIN
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)

1. Petitioner seeks a direction to the respondents to not decline the candidature of the petitioner on account of being over-weight.

2. Petitioner had applied for the post of the Medical Officer in Central Reserve Police Force in the year 2021.

3. Petitioner qualified the written examination, however, in the medical examination has been declared unfit. Petitioner was, at the relevant time, aged 28 years and has a height of 175 cms. As per the W.P.(C) 15361/2022 2 Guidelines for Recruitment Medical Examination in Central Armed Police Forces and Assam Riffles, the average body weight of the petitioner should have been 59 to 72 kgs.

4. The Recruitment Medical Examination conducted on 10.03.2022 found the weight of the petitioner as 99 kgs. Petitioner was subject to Review Medical Examination on 11.03.2022 where his weight was found to be 95 kgs. Petitioner has been declared unfit due to over-weight by 24 kgs and BMI 31.[7] kg/m[2]. Clearly petitioner does not meet the medical standard required for recruitment to the Central Armed Police Force and has correctly been rejected being unfit i.e. over-weight by 24 kgs.

5. The contention of learned counsel for the petitioner that being over-weight is not a ground for rejection does not have any merit for the reason that the subject advertisement prescribed the physical and the medical standards and stipulated that the candidate should conform to the physical standards. With regard to weight stipulation is proportionate to height and age.

6. The Guidelines for Recruitment Medical Examination applicable to the relevant force in Annexure-1 lays down the weight proportionate to height and age and since petitioner clearly far exceeds the same, we find no error in the action of the respondent in declaring the petitioner as unfit for the purposes of recruitment.

7. Further contention of learned counsel for the petitioner that petitioner was recruited on temporary basis for the period of two years in the CRPF and had performed exceptionally well earning W.P.(C) 15361/2022 3 commendation of his commandant is of no consequence for the reason that said appointment as per the petitioner was for a contractual period of two years and the subject appointment is on a regular basis in the force.

8. Furthermore, merely because the petitioner was recruited temporarily for a period of two years on contract basis would not entitle the petitioner to secure a regular appointment by ignoring the prescribed medical standards. On that ground, we find no merit in the petition. The petition is consequently dismissed.

SANJEEV SACHDEVA, J MANOJ JAIN, J DECEMBER 21, 2023 ‘rs’