Sattaru Sandhya Rani v. Union of India

Delhi High Court · 11 Aug 2023 · 2023:DHC:5958-DB
Sanjeev Sachdeva; Manoj Jain
W.P.(C) 9498/2023
2023:DHC:5958-DB
administrative petition_dismissed

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The Delhi High Court dismissed the petition challenging medical disqualification of a candidate due to an ovarian cyst as per prescribed recruitment medical guidelines.

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W.P.(C) 9498/2023
HIGH COURT OF DELHI
JUDGMENT
delivered on: 11.08.2023
W.P.(C) 9498/2023 & CM APPL. 36298/2023
SATTARU SANDHYA RANI ..... Petitioner
versus
UNION OF INDIA & ORS. ..... Respondents Advocates who appeared in this case:
For the Appellant: Mr. Himanshu Gautam, Advocate
For the Respondents: Mr. Atul Krishna, Senior Panel Counsel with Ms. Samiksha, Advocate and Mr. Mohit Kumar, CISF
CORAM:-
HON’BLE MR. JUSTICE SANJEEV SACHDEVA
HON'BLE MR. JUSTICE MANOJ JAIN
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)

1. Petitioner seeks quashing of medical examination reports dated 07.06.2023, 08.06.2023 and 10.06.2023 whereby petitioner has been declared medically unfit on the ground of presence of ovarian cyst.

2. Petitioner applied pursuant to an advertisement issued by the respondent for recruitment of Sub-Inspector (Executive) through Limited Departmental Competitive Examination. Petitioner was successful in the written examination. However, during the medical examination petitioner has been declared medically unfit on the ground that there is a cyst in the ovary.

3. The Revised Uniform Guidelines for Review Medical Examination in Central Armed Police Forces and Assam Rifles dated 31.05.2021 in para 12 i.e. general instructions for examination of a female candidate in sub-para 5(vi) stipulates as under:- (5)vi. “Evidence of ovarian cyst or fibroid uterus or any other lump is disqualifying.”

4. In the case of the petitioner, petitioner was examined by the medical board and was also referred for ultrasound. During ultrasound of the abdomen, it has been reported as under: “A well defined cystic lesion (42x56 mm) with internal septation is noted in right adnexa. Right ovary is not separately visualized – right ovarian complex cyst/likely hemorrhagic. Impression: Right ovarian complex cyst /likely hemorrhagic. Advice: Clinical correlation.”

5. The medical record of the petitioner has been produced in Court and the same has been perused and returned.

6. Since the petitioner has been diagnosed with having cystic lesion of the size 42x56 mm, the same is a disqualifying condition as per the Review Medical Examination in Central Armed Police Forces and Assam Rifles dated 31.05.2021.

7. In view of the above, we find no infirmity in the decision of the respondent in declaring the petitioner unfit for selection.

8. In view of the above, we find no merit in the petition. The petitioner is consequently dismissed.

SANJEEV SACHDEVA, J AUGUST 11, 2023 MANOJ JAIN, J ‘rs’