Dr. Gaurav Kumar v. Union of India and Anr.

1. These are two petitions filed by duly qualified medical practitioners aggrieved by non-selection for the Group 'A' post of Super Specialist Medical Officer (Second-in-Command), Specialist Medical Officers (Deputy Commandant)and Medical Officers(Assistant Commandant)on thegroundofmedicalunfitness,sinceeachofthem wasfoundatthetimeof medical examination, to be overweight. In one case the candidate is overweightby24kilogramsandinthe otherby25kilograms.

2. Learned counsel for the Petitioners states that subsequent thereto the 2019:DHC:7673-DB 0/ Petitioners have lost further weight. However,the fact remains that as per the prescribed medical standard, they were on the crucial date of examination,overweight.It is notfor the Court exercising its powers under Article226 ofthe Constitution to prescribe medicalstandards.Ifa candidate is indeed overweight on the date of the medical examination, the Respondentscannotbe faulted for disqualifying him.

3. ItISthenallegedthatthereareseveralothercandidateswho,despitebeing overweight, have been appointed. A reference is made to Paragraph 27 of the writpetition wherethe avermentreads as under: "p.Thatitisfurtherlearntthatsomeofthecandidates whoare close fnends and relatives ofCAPF personnel working in the above departmental forces occupying either key posts or scalSfirth " h petitionerand were weighed with titled scalesforthereasons bestknowntotheRMH board.Hence the action ofdeclaring the petitioner unfit due to overweight'was arbitrary and whimsical as the RME board had applied double standards m ease ofthe Petitioner."

4. The Courtis unableto actonthe above vagueallegation,which does not setoutthenamesofsuchcandidateswhohavebeen appointed despitebeing overweight.In anyevent,two wrongs donot makea right.Thereisno merit in eitherofthe petitions,which aretherefore dismissed. s.muraWiur,j. NOVEMBER20,2019 TALWANT mr