AVIN DALAL Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition has been filed by the petitioner challenging the result of the Detailed Medical Examination (in short, 'DME') of the petitioner conducted on 21/10/2021 as well as the result of the Review Medical Examination (in short, 'RME') of the petitioner conducted on 22/10/2021. The petitioner prays for a direction to the respondents to re-conduct the medical examination of the petitioner at any Government or Army Hospital in Delhi.

(2.) The petitioner had applied pursuant to the Notice inviting applications for 'Sub-Inspector in Delhi Police, CAPFs and Assistant Sub-Inspector in CISF Examination, 2019' (hereinafter referred to as the 'Notice'). It is the case of the petitioner that the petitioner had cleared the SSC-CPO Tier-1 and Tier-2 Examinations as also the Physical Standard Test /Physical Endurance Test (PST/PET). The petitioner was thereafter subjected to a DME on 21/10/2021 at the Ajmer Centre, Rajasthan, wherein his weight was measured on an analog weighing machine and height was not measured, however, was declared unfit on account of being overweight. The petitioner contends that the DME report did not mention relevant particulars like the height and the weight of the petitioner or by how much the petitioner was found to be overweight. The learned counsel for the petitioner submits that this itself shows the arbitrary manner in which the DME was conducted by the respondents.

(3.) The petitioner further contends that in spite of paragraph 11.7 of the Notice providing a fifteen-day period to the candidate to make an appeal before the Review Medical Board (in short, 'RMB'), the petitioner was forced to submit his appeal on the very same day on which the DME was conducted. The learned counsel for the petitioner submits that for the said reason, the petitioner could not bring his weight within the permissible limit, thereby being denied an opportunity to be selected.