Surender Singh v. Union of India and Anr

Delhi High Court · 01 Jun 2023 · 2023:DHC:3967-DB
Suresh Kumar Kait; Neena Bansal Krishna
W.P.(C) 8136/2023
2023:DHC:3967-DB
administrative petition_allowed

AI Summary

The Delhi High Court directed a fresh medical examination for a BSF constable candidate after conflicting weight measurements, holding the new measurement final and binding.

Full Text
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W.P.(C) 8136/2023
HIGH COURT OF DELHI
Date of Decision: 01.06.2023
W.P.(C) 8136/2023 and 31272/2023
SURENDER SINGH ..... Petitioner
Through: Mr. Yogesh Sharma, Mr. A.K Trivedi and Mr. Naveen Kumar, Advocates.
VERSUS
UNION OF INDIA AND ANR ..... Respondents
Through: Sh. Hemendra Singh, Law, BSF
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
JUDGMENT
(oral)

1. The petitioner in his writ petition has made following prayers: a) To set aside the rejection slip dated 18.05.2023 declaring as illegal and arbitrary in eliminating the candidature of the petitioner in Medical Examination due to overweight. b) To direct the respondents to conduct a fresh Medical Board and medically examine the petitioner a fresh and if the petitioner is found fit, he may be considered and given appointment for the post of Constable (Barber) in the BSF.

2. The petitioner was medically examined by the Medical Board where W.P.(C) 8136/2023 he was found to be of 75 Kg and was declared as unfit due to his overweight.

3. Thereafter, the petitioner got himself medically examined in Multispecialty Hospital i.e. Ansari Hospital, New Delhi, where he was found to be of 67.[3] Kg.

4. Keeping in view the difference in two measurements, we hereby direct the respondents to measure the weight of the petitioner again within 2 weeks.

5. The measurement taken by the respondents this time shall be final and binding.

6. The petition is accordingly disposed of.

7. Order be given dasti under the signatures of the Court Master.

(SURESH KUMAR KAIT) JUDGE (NEENA BANSAL KRISHNA)

JUDGE JUNE 01, 2023