Veer Kumar v. Union Public Service Commission & Anr.

1. The present petition has been filed seeking a direction to the respondent no. 2 to allow the petitioner to appear in the interview for the post of Assistant Commandant pursuant to the Examination Notice No. 12/2020-CPF dated 18.08.2020 published by the respondent no. 1 for the „Central Armed Police Forces (Assistant Commandants) Examination, 2020‟ (hereinafter referred to as „Examination Notice‟).

2. It is the case of the petitioner that pursuant to the Examination Notice, the petitioner applied for the post of Assistant Commandant. The petitioner, having qualified the written examination, was called 2022:DHC:732-DB for his Detailed Medical Examination (in short, „DME‟) to SSB Gorakhpur.

3. In the DME, however, vide report dated 13.04.2021, the petitioner was declared to be medically unfit on two grounds, namely, „Defective Distant Vision Left Eye 6/24 c Glass‟ and „Varicose vein (R) Lower Limb‟. The petitioner, aggrieved by the report, was directed to appear for a Review Medical Examination (in short, „RME‟) which was to be conducted at Referral Hospital, NOIDA.

4. In the RME as well, vide report dated 22.09.2021, the petitioner was declared medically unfit for appointment on the ground of „operated varicose veins (Rt) lower limb‟.

5. The learned counsel for the petitioner places reliance on Clause 3(n) of Appendix-V of the Examination Notice to submit that a candidate would be deemed to be medically unfit if he/she is found to have knock knees, flat foot or varicose veins. He submits that the Examination Notice is silent with respect to „operated varicose veins‟, the ground on which the petitioner was declared to be medically unfit at the stage of the RME. He submits that therefore, the petitioner could not have been declared medically unfit on the given ground, as the petitioner no longer suffers from it.

6. The learned counsel for the petitioner further submits that the petitioner, aggrieved by the reports of the DME, got himself examined at Sadar Hospital, Munger, Bihar, and vide report dated 20.04.2021 by the Chief Medical Officer (CMO), Sadar Hospital, Munger, had been declared to be medically fit on the ground of both „Defective Distant Vision Left Eye 6/24 c Glass‟ and „Varicose vein (R) Lower Limb‟.

7. The learned counsel for the petitioner also places reliance on the „Revised Uniform Guidelines for Review Medical Examination in Central Armed Police Forces and Assam Rifles for GOs and NGOs: Amendment Thereof‟ dated 31.05.2021 (hereinafter referred to as „2021 Guidelines‟) to submit that Clause 7(c) of the 2021 Guidelines states that for detecting vascular defects like varicose vein, a colour doppler ultrasound should be carried out. He submits that no such test was conducted in the case of the petitioner.

8. The learned counsel for the respondent no. 2, on the other hand, contends that Clause 6(29) of the „Guidelines for Recruitment Medical Examination in Central Armed Police Forces and Assam Rifles: Revised Guidelines as on May 2015‟ (hereinafter referred to as „2015 Guidelines‟), which are applicable to the present case, explicitly state that operated varicose veins are also a ground for being declared medically unfit. He submits that in the petition itself, the petitioner has not urged any ground about the colour doppler ultrasound not being conducted on the petitioner.

9. We have considered the submissions made by the learned counsels for both the parties.

10. Clause 6(29) of the 2015 Guidelines explicitly mentions that cases of varicose veins, even if operated, would be a ground for rejection as the basic defect would remain unchanged. The relevant portion of the clause is reproduced hereinbelow:

11. This Court in its judgment dated 15.05.2018 passed in Naveen Kumar vs. Union of India and Ors., W.P. (C) 2513 of 2018, in a case involving rejection on the ground of operated varicose veins, observed as under: