Central Administrative Tribunal - Delhi
Kavinder Singh vs Staff Selection Commission on 3 January, 2023
1
Item No. 24
O.A. No. 4307/2017
Central Administrative Tribunal
Principal Bench, New Delhi
O.A. No. 4307/2017
This the 03rd day of January, 2023
Hon'ble Mr. Anand Mathur, Member (A)
Hon'ble Mrs. Pratima K. Gupta, Member (J)
Kavinder Singh, Age-23 years,
S/o Sh. Sudhir Kumar,
R/o-B/164 Street No-8,
Meet Nagar, Delhi-110094.
...Applicant
(By Advocate: Mr. Rajesh Chauhan for Mr. Sachin Chauhan)
Versus
1. Staff Selection Commission
Through its Chairman,
Block No-12,
CGO Complex,
Lodhi Road, New Delhi
2. The Commissioner of Police,
Police Head Quarter,
MSO Building, IP Estate,
New Delhi
3. The Director General,
Central Industrial Security Force,
Block No. 13 CGO Complex,
Lodhi Road, New Delhi.
2
Item No. 24
O.A. No. 4307/2017
4. The Director General,
Border Security Force,
Block No-10, CGO Complex,
Lodhi Road, New Delhi.
5. The DIG,
Border Security Force,
Gurdaspur, Punjab-143521.
6. The Chief Medical Officer (SG),
SHQ, BSF gurdaspur,
Punjab -143521
7. The Senior Medical Officer,
66 Bn Border Security Force through
D.G., BSF,
Block No.10, CGO Complex,
Lodhi Road, New Delhi.
...Respondents
(By Advocate: Dr. L.C. Singhi along with Departmental
Representatives and Mr. Amit Yadav)
3
Item No. 24
O.A. No. 4307/2017
O R D E R (ORAL)
Hon'ble Mrs. Pratima K. Gupta, Member (J) In the present O.A., filed under Section 19 of the Administrative Tribunals Act, 1985, the applicant has sought the following relief(s):-
"8.1 To quash and set-aside the report dated 19.04.2017 & 17.07.2017 and to further direct the respondent that medical fitness of applicant be judged by medical board in terms of medical condition as laid down in the advertisement and if declared medically fit then to appoint the applicant as per his merit in the present selection process with all consequential benefits including seniority & promotion and pay & allowances, and if applicant found 'fit' then to appoint the applicant to the post as per merit obtained in present selection process with all consequential benefit including seniority, promotion and pay & allowances.
or/and
(i) Pass any other order(s), which this Hon'ble High Court may deem just & equitable in the facts & circumstances of the case; "
2. The brief facts that arise in the O.A. are that the applicant has applied under the OBC category for the selection process initiated by the Staff Selection Commission (SSC) with respect to recruitment of Sub Inspectors in Delhi 4 Item No. 24 O.A. No. 4307/2017 Police, CAPFs and Assistant Sub Inspector in CISF Examination, 2016, vide advertisement dated 09.01.2016. He appeared in the Tier 1 written examination and thereafter, he was subjected to a physical endurance test held on 19.09.2016. Thereafter, he appeared in the Tier 2 examination which entailed a written test on 18.12.2016. Vide communication dated 24.03.2017, on the basis of his performance in the Tier 1 and Tier 2 examination, he was declared provisionally qualified for medical examination and was asked to report to Composite Hospital BSF, Jalandhar Cantt., Punjab. His examination was duly conducted at the said hospital, however, the medical board rejected his case and declared him unfit vide the report dated 19.04.2017 on the count of white patches/Vitiligo patches on glans (Penis). Aggrieved by the said report, the applicant filed an appeal for review of the said medical report and re-examination annexing the medical fitness certificate issued by the Director (Prof.) & Head of the Department of Dermatology, GTB Hospital, Dilshad Garden, Delhi (Government Hospital). He was subjected to a review 5 Item No. 24 O.A. No. 4307/2017 medical board which vide the report dated 17.07.2017, once again he was declared medically unfit for the reason that he was suffering from white patches/vitiligo patches on glans (Penis). Thereafter, he once again, obtained a medical fitness certificate from Swami Dayanand Hospital, Dilshad Garden, Delhi, dated 18.07.2017 and approached the Hon'ble High Court of Delhi by way of W.P. (C) No. 6524/2014. The Hon'ble High Court vide order dated 13.11.2017 disposed of the WPC granting the liberty to the applicant to raise his grievances before this Tribunal. Accordingly, he has preferred the present O.A.
3. Learned counsel for the applicant does not deny that the applicant is suffering from ailment/disease namely white patches/vitiligo patches. He draws attention to the advertisement dated 09.01.2016 in pursuance of which the applicant preferred his application (Annexure A-3, page 18), particularly paragraph 10 (c) wherein certain ailments are mentioned that stood as disqualification, however, the ailment that the applicant is suffering from does not find mention in the said list of diseases. He adds that the 6 Item No. 24 O.A. No. 4307/2017 applicant, once again, participated in a subsequent similar selection process advertised by the SSC pertaining to the year 2017 and was selected. On successful completion of all the stages he has joined as Sub Inspector with the Indo Tibetan Border Police (ITBP) [date of offer of appointment to the said post : 12.01.2019] and is presently working with the them. He submits that though the applicant is suffering from the said disease (white patches/vitiligo patches) he is discharging his duties with ITBP and the disease has not in come in the efficient discharge of his duties with the organization.
4. Learned counsel for the respondents, on the other hand, vehemently opposes the O.A. and submits that the said medical examination was conducted by Composite Hospital BSF, Jalandhar Cantt., Punjab, which is an independent body over which the respondents (SSC) have no control. He further relies on the MHA Guidelines for Recruitment Medical Examination in Central Armed Police Forces and Assam Rifles which were revised in May, 2015 and adds that in paragraph 8 of item 19 the said disease 7 Item No. 24 O.A. No. 4307/2017 (white patches/vitiligo patches) is specifically stated to be reason for rejection of appointment and accordingly, the case of the applicant is rejected as he is indisputably suffering from the same. He further draws support from paragraph 25 at page 121 of the counter reply which has been reproduced verbatim below:-
" 25. Para 5.3-5.4: That while denying the averments made therein, it is most respectfully submitted that the Review Medical Examination of petitioner was conducted on 17.07.2017 at Composite Hospital Jalandhar (Punjab) by the panel of three Medical Officers detailed for the purpose vide Fte HQ BSF Punjab Order No. Med/04/RMF Bord/Ftr Pb/2017/105-14 dated 05 July 2017 (Annexure R-4) in accordance with the instructions/guidelines for recruitment medical examination and declared him 'UNFIT' by the Medical Board due to "VITILIGO PATCH ON GLANS". In this connection your humble respondents most respectfully submit that as per opinion of Medical Officer "Vitiligo is a chronic disease which can spread to other parts of the body. Vitiligo may also result in Psychologial stress due to the affected person being stigmatized which will adversely interfere with the efficient performance of the duties."
He submits that as the applicant is suffering from the said ailment his case was examined by the respondents.
5. Mr. Amit Yadav, learned counsel appearing for Delhi Police, submits that they are the user department and that 8 Item No. 24 O.A. No. 4307/2017 their incidence starts only when they receive the e-dossier from SSC.
6. Heard the learned counsel for the parties.
7. In order to decide this O.A. certain facts need to be reiterated. The disease in question namely white patches/vitiligo patches on glans (Penis) does not find place in the list of diseases, prescribed by the SSC, that disqualify a candidate. It is imperative to note that the applicant while suffering from the disease is efficiently discharging his services with the ITBP which is also under the Ministry of Home Affairs, Government of India, who have issued the above mentioned guidelines relied upon by the respondents. Secondly, it is evident from paragraph 25 of the counter reply that the respondents have travelled beyond the advice of the medical board and have stated the following "Vitiligo is a chronic disease which can spread to other parts of the body. Vitiligo may also result in Psychologial stress due to the affected person being stigmatized which will adversely interfere with the efficient 9 Item No. 24 O.A. No. 4307/2017 performance of the duties." The medical board never advised that the disease can spread to other parts and may also result in psychological stress as the affected person will be stigmatized which will adversely interfere with the efficient performance of his duties. In fact, the medical board has just suggested that since the applicant is suffering from Vitiligo he was unfit for the said selection. Additionally, it is observed that as per the scheme of examination the medical is to be conducted by the Composite Hospital BSF, Jalandhar Cantt., Punjab wherein against that order the applicant had filed an appeal. The said appeal has been disposed of by a duly constituted medical board that maintained the report by the first board. This particular statement "Vitiligo is a chronic disease which can spread to other parts of the body. Vitiligo may also result in Psychologial stress due to the affected person being stigmatized which will adversely interfere with the efficient performance of the duties." does not find mention in the report given by either of the two authorities. Therefore, this goes beyond the purview of the scheme of examination itself 10 Item No. 24 O.A. No. 4307/2017 more so words like "MAY" are based on assumptions that cannot be permitted. The Guidelines for Recruitment of Medical Examination in CAPF and Assam Rifles revised in May, 2015 are for recruitment to CAPF and the applicant is already working in one of the CAPF organizations, that is, ITBP, therefore, the contention of the respondents that the applicant does not fulfill the medical requirements under these Rules is not tenable and therefore cannot sustain.
8. In view of the above observations, the O.A. is allowed and the impugned orders dated 19.04.2017 and 17.07.2017 are quashed and set aside. The respondents are directed to judge the medical fitness of the applicant by a newly constituted medical board in terms of the medical conditions laid down in the advertisement and taking into consideration the fact that he is already serving with the ITBP, the board will specifically examine whether the applicant's ailment would, in any way, come in the way of efficient discharge of his duties. In case, he is found fit, his dossier be forwarded to the user department and he may be 11 Item No. 24 O.A. No. 4307/2017 appointed as per his merit in the selection process. Needless to say that he will be entitled to all consequential benefits.
9. The said exercise is to be completed within a period of three months from the date of receipt of a certified copy of this order.
10. The O.A. is allowed in the aforesaid terms.
11. No order as to costs.
(Pratima K. Gupta) (Anand Mathur)
Member (J) Member (A)
/dd/