Kerala High Court
Amarjith M vs Union Of India on 8 July, 2021
Author: Alexander Thomas
Bench: Alexander Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
Thursday, the 8th day of July 2021 / 17th Ashadha, 1943
WA NO. 699 OF 2021
AGAINST JUDGMENT DATED 07.04.2021 IN WP(C) 25606/2020 OF THIS COURT.
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APPELLANTS/PETITIONERS:
1.AMARJITH M., AGED 23 YEARS,S/O.UTHAMAN K.,
RESIDING AT KARIMBAN CHALIL,KANHIRODE P.O.,
KANNUR, KERALA - 670 592.
2.GOKULRAJ P., AGED 27 YEARS, S/O.PEECHIMUTHU, RESIDING AT 256/8,
PALATHULLY JUNCTION,PERVAMBA P.O.,PALAKKAD,KERALA -678 531.
3.DHANESH P.,AGED 24 YEARS, S/O.VELAYUDHAN P.,
RESIDING AT KALATHUMPADI HOUSE,VADAKKUMPAD,
MANNUR P.O.,KOZHIKODE, KERALA -673 328.
BY ADVS.M/S.NAVOD PRASANNAN & K.V.KRISHNAKUMAR
RESPONDENTS/RESPONDENTS:
1.UNION OF INDIA,REPRESENTED BY ITS SECRETARY,
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCE AND PENSION,
DEPARTMENT OF PERSONAL AND TRAINING,NORTH BLOCK,NEW DELHI -110 001.
2.MINISTRY OF HOME AFFAIRS,REPRESENTED BY ITS SECRETARY,
NORTH BLOCK, NEW DELHI - 110 001.
3.STAFF SELECTION COMMISSION,
REPRESENTED BY ITS REGIONAL DIRECTOR (KKR),1ST FLOOR,"E" WING,
KENDRIYA SADAN,KORAMANGALA,BENGALURU, KARNATAKA -560 034.
P.T.O.
4.CENTRAL ARMED POLICE FORCES, REPRESENTED BY JOINT SECRETARY
(COORDINATION AND INTERNATIONAL COOPERATION),
MINISTRY OF HOME AFFAIRS,NORTH BLOCK,NEW DELHI -110 001.
5.DIRECTORATE GENERAL,
CENTRAL RESERVE POLICE FORCE (RECRUITMENT BRANCH),
EAST BLOCK-07,LEVEL-04,SECTOR-01,R.K.PURAM,NEW DELHI -110 066.
6.INSPECTOR GENERAL, FRONTIER HEAD QUARTERS,
BORDER SECURITY FORCE, YELAHANKA P.O.,BANGALORE,KARNATAKA - 560 064.
7.COMMANDANT, HQR 162 BN., BORDER SECURITY FORCE, KAINUR CAMP,
MULAYAM P.O., THRISSUR, KERALA - 680 751.
8.DETAILED MEDICAL BOARD, REPRESENTED BY ITS PRESIDING OFFICER,
CONSTABLES (GD) EXAMINATION, 2018, GROUP CENTRE, HQR 162 BN.,
BORDER SECURITY FORCE, KAINUR CAMP, MULAYAM P.O.,
THRISSUR, KERALA - 680 751.
9.DEPUTY INSPECTOR GENERAL OF POLICE, GROUP CENTRE,
CENTRAL RESERVE POLICE FORCE,PALLIPURAM,THIRUVANANTHAPURAM -695 316.
10.REVIEW MEDICAL BOARD, REPRESENTED BY ITS PRESIDING OFFICER,
CONSTABLES (GD) EXAMINATION, 2018, GROUP CENTRE,
CENTRAL RESERVE POLICE FORCE,PALLIPURAM,THIRUVANANTHAPURAM -695 316.
P.T.O.
11.CHIEF MEDICAL OFFICER, REVIEW MEDICAL BOARD,
CONSTABLES (GD) EXAMINATION, 2018, GROUP CENTRE,
CENTRAL RESERVE POLICE FORCE,PALLIPURAM,THIRUVANANTHAPURAM -695 316.
BY SRI.P.VIJAYAKUMAR, ASSISTANT SOLICITOR GENERAL OF INDIA
Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to direct Respondents 3 to 6 to constitute a Medical Board consisting of
combatised medical officers and independent experts from Government
Medical College, Trivandrum for conducting Medical Examination of the
Appellants and direct Respondents 3 to 6 to issue e-admit card to the
Appellants for attending the medical examination, pending disposal of the
Writ Appeal.
This Writ Appeal coming on for orders along with connected cases on
08.07.2021 upon perusing the appeal memorandum, the court on the same day
passed the following:
P.T.O.
ALEXANDER THOMAS & A. BADHARUDEEN, JJ.
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W.A. Nos. 699, 703, 777, 700 & 782 of 2021
[arising out of the impugned judgment dated 7.4.2021 in
respective W.P.(C) Nos. 25606, 26339, 22475, 26799 & 22475 of 2020]
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Dated this the 8th day of July, 2021
ORDER
W.A. Nos. 699, 703 & 777 of 2021 Altogether there are 8 appellants in these three appeals arising out of the impugned common judgment rendered by the learned Single Judge on 7.4.2021 in these writ petitions concerned and connected matters.
2. The case of the writ appellants in these three appeals is to the effect that the appellants have successfully cleared almost all the stages of impugned selection process for the post of Constable (General Duty) in various central police and paramilitary forces, and that they have cleared the Computer Based Examination, Physical Efficiency Test, Physical Standard Test (PST) and they are now disqualified solely on the ground that they have not fulfilled certain medical parameters in the process of the Detailed Medical Examination (DME) and the Review Medical Examination (RME). These 3 appellants are disqualified on the ground that the Inter-Malleolar Distance between the legs W.A. Nos. 699, 703, 777, 700 & 782 of 2021 ..2..
is exceeding the permissible limit of 5 cm.
3. Sri.Navod Prasannan, learned counsel appearing for the appellants in these cases would urge that it is the standard medical and scientific procedure that the Inter-Malleolar Distance between the legs has to be measured for the person concerned only in the lying down position and not in the standing up position, and the measurement is to be done with wooden blocks and not through the method of X-rays etc. Further, it is alleged that in the instant case both for the Detailed Medical Examination (DME) and the Review Medical Examination (RME), the doctors concerned have measured the Inter-Malleolar Distance of these appellants in standing up position and not in the lying down position, and it has been so measured on the basis of X-rays and not by the standard procedure of using wooden blocks. According to the appellants, therefore, the official respondents have plainly violated their own procedure in assessing these medical parameters and that both the Detailed Medical Examination Board and the Review Medical Examination Board have committed serious illegality and impropriety in rejecting the cases of these appellants on the ground that the Inter-Malleolar Distance W.A. Nos. 699, 703, 777, 700 & 782 of 2021 ..3..
exceeds 5 cm. The appellants would also point out that, as a matter of fact, the appellants have got themselves examined through State Government Medical Colleges in Kerala and the medical experts have clearly opined after measuring the Inter-Malleolar Distance in the lying down position using wooden blocks that it does not cross the threshold limit of 5 cm.
4. Sri.P.Vijayakumar, learned Assistant Solicitor General of India appearing for the respondents seeks short time to get instructions in the matter.
5. Time granted. In that regard, the official respondents will furnish specific and precise factual instructions on the correctness or otherwise of the abovesaid factual assertions made by the appellants as referred to hereinabove, and also it has to be specifically stated before this Court as to whether it is standard medical procedure that the Inter-Malleolar Distance is to be measured only in the lying down position using wooden blocks, and whether in the instant case the Detailed Medical Examination (DME) and the Review Medical Examination (RME) have been conducted in respect of these appellants in the standing up position and using X-rays, etc. A copy of the relevant guidelines W.A. Nos. 699, 703, 777, 700 & 782 of 2021 ..4..
and procedures for the conduct of the Detailed Medical Examination (DME) and the Review Medical Examination (RME) should also be made available along with a statement/memo of the Assistant SGI.
6. The appellants will also file affidavits in each of these appeals dealing precisely the abovesaid factual aspects, and they may also produce copies of relevant guidelines and procedures, and also extract from authoritative medical textbooks to establish that it is standard medical procedure that the Inter-Malleolar Distance is to be measured only in the lying down position using wooden blocks, and not in the standing up position and not by using X-rays, etc.
7. If the abovesaid factual assertions made by Sri.Navod Prasannan, learned counsel appearing for the appellants in these cases are correct that the appellants certainly have a very strong case in the matter. The selection process is now on going and in view of the rejection of these appellants on the abovesaid grounds, candidates having lower merit than them may take their place. At the same time, if we straightaway issue interim directions to appoint them, the said approach will not be correct. Hence, taking W.A. Nos. 699, 703, 777, 700 & 782 of 2021 ..5..
into account the prima facie case and the balance of convenience of both sides, it is ordered that 8 vacancies in the post of Constable (General Duty) in the above selection process to which the appellants would have been otherwise selected, shall not be filled up.
8. The learned Assistant Solicitor General of India has pointed out before us that already in view of the interim order passed by the learned Single Judge in another matter, the respondents have already set apart and have not filled 100 vacancies or so.
9. If the said 100 vacancies now kept apart and which is remaining unfilled can take care of the claims of the present 8 appellants as well, then it is for the respondents to ensure compliance of the abovesaid interim direction passed by us in that manner. The cardinal aspect is that if the appellants succeed in these cases, then the respondents should not come with the plea that the vacancies have already been filled up.
10. These cases will have to be disposed of without any further delay. Ten days is granted to the learned Assistant Solicitor General of India to get instructions and to file statement, W.A. Nos. 699, 703, 777, 700 & 782 of 2021 ..6..
if required. In the meanwhile, the appellants shall also file their affidavits as afore directed.
List these appeals along with W.A.Nos.700 & 782 of 2021 on 22.7.2021.
W.A. No. 700 of 2021
11. The selection process is the same as the one in the above referred appeals. In the instant case the ground of rejection is that, though the bodyweight of the appellant was recorded as 87 kg at the Physical Standard Test (PST) as per Ext.P-2 {See page 48 of the paper book of W.A.No.700/2021}. In the RME process the bodyweight of the appellant was found as 78 kg as per Ext.P-7 {See page 53 of the paper book of W.A.No.700/2021}. It is urged by the counsel for the appellant that since bodyweight of the appellant is indisputably recorded as 78 kg, which would come within the permissible variance limit of +/- 5 kg, vis-a-vis the maximum limit (as the same is 73 kg + 5 kg = 78 kg). Hence, it is pointed out that the rejection of the selection of the appellant herein on the ground that the exceeds the permissible limit is patently factually W.A. Nos. 699, 703, 777, 700 & 782 of 2021 ..7..
and legally wrong.
12. The learned Assistant Solicitor General of India will get specific factual instructions from the competent respondent authorities concerned on the abovesaid aspects urged by the appellant, and may also file a copy of guidelines and procedures which deals with these medical parameters including bodyweight, and whether there is any clause for variance of the lower limit and upper limit of bodyweight.
13. The appellant will also file an affidavit in this case on the aforementioned aspects.
14. As ordered hereinabove in the other three cases, it is also directed that the respondents shall ensure that one vacancy in the post of Constable (GD) be kept vacant till the disposal of this case.
List this appeal along with W.A. Nos. 699, 703, 777 & 782 of 2021 on 22.7.2021.
W.A. No. 782 of 2021
15. There are two appellants in this writ appeal. The first appellant has been found medically unfit as per Ext.P-3 {See page W.A. Nos. 699, 703, 777, 700 & 782 of 2021 ..8..
85 of the paper book of W.A.No.782/2021} on the ground that he is suffering from the condition that "Giant Melonorytyi Hairy Nerves". The second appellant has been disqualified on the ground that he suffers from "Deviated Nasal Septum" as per Ext.P-3(c) {See page 88 of the paper book of W.A.No.700/2021}.
16. It is urged by the appellants' counsel that the abovesaid conditions referred to in Exts.P-3 & P-3(c) are not acceptable grounds for medical disqualification of a candidate in the selection process as per the guidelines and norms. It is also pointed out that the appellants have also approached the specialist doctors in the State Government Medical Colleges. Ext.P-1 is the certificate issued by the Medical Board of the Govt. Medical College Hospital, Thiruvananthapuram, in the case of the first appellant, wherein it is stated that the abovesaid condition referred to therein is not a serious medical condition so as to hold that the person is suffering from any medical unfitness. So also, Ext.P-1(c) has been issued by the Medical Board of the Government District Hospital, Nilambur, in the case of second appellant wherein it has been certified that the medical opinion in Ext.P-3(c) is an error of judgment which is borne out from nasal examination, etc. W.A. Nos. 699, 703, 777, 700 & 782 of 2021 ..9..
17. If the abovesaid conditions allegedly to these appellants as per Exts.P-3 & P-3(c) will not fall within any of the enumerated grounds for medical disqualification in the abovesaid process, and the abovesaid conditions are not that serious as certified by the State Health authorities, then the appellants have made out a strong case in this matter. Accordingly, it is ordered that the learned Assistant Solicitor General of India will get specific instructions on the abovesaid factual contentions of the appellants and also should produce a copy of the guidelines/norms which contain the acceptable grounds of medical disqualification of candidates in the above selection process. Further, it is also ordered that two vacancies in the post of Constable (GD) shall be kept vacant, so as to take care of the interest of these two appellants.
List these two appeals with the aforementioned appeals on 22.7.2021.
Sd/-
ALEXANDER THOMAS, JUDGE Sd/-
A. BADHARUDEEN, JUDGE MMG 08-07-2021 /True Copy/ Assistant Registrar