K.V.Sridhar v. Union of India

The petitioner seeks to have the medical unfitness certificate No.05689 dated 6.2.1998 quashed and a direction to be issued to the respondents to enroll him in the Indian Air Force based on his initial selection in medical examination. The petitioner was asked to appear for selection in the non- technical stream held on 15.4.1996. In the medical examination held on 15/16 April 1996 he was declared ‘temporarily medical unfit’ on account of refractive errors (6/18,6/12), mild hydrocele on both sides and substandard chest expansion (04 cm). Thereafter the petitioner was advised to get himself treated and report before the review medical board on 11.6.1996. On his being re-examined by the review medical board, the petitioner was declared fit, for all non-technical cadres except Indian Air Force Police (IAF P), Air Field Safety Operator (AFSO) and Telest RT Operator (RTO), in the medical examination held on 12.6.1996. He was kept on stand-by for enrolment in the “clerk general duties” trade on 7.11.1996. Petitioner was informed vide letter dated 4.10.1996 that, since he was kept on stand-by, his enrolment on 7.11.1996 depended on the availability of vacancy in the trade as on the date of enrolment and that stand-by candidates, not enrolled due to “no vacancy”, were advised that during the next intake they would be called as “main candidate” for the recruitment. The petitioner was called again for enrolment clerk in the general duties trade on 6.2.1997 but he failed to report. While the petitioner would contend that no intimation was received, a perusal of the counter affidavit would show that intimation was sent to him by RPAD to the address indicated in the bio-data form. Be that as it may, since it is the subsequent selections held in the year 1998 which are impugned in this writ petition, it is wholly unnecessary to go into the question whether or not the petitioner was intimated about the selections held in February, 1997. Suffice to note that the respondents sought sanction from the Ministry of Defence for considering the petitioner’s case on humanitarian grounds so as to enroll him though the petitioner had become over aged for the trade he had applied for. On receipt of sanction from the Government, the petitioner was again called for enrolment, vide proceedings dated

13.1.1998, for enrolment in the Catering Assistant trade and was specifically informed that his recruitment was subject to his medical fitness as per the prescribed standards. Since the petitioner was last medically examined on 12.6.1997 and a period of more than six months had elapsed thereafter, he was required to undergo a re- medical examination prior to his enrolment. On being examined on

6.2.1998 the petitioner was declared medically unfit on account of obesity by the Recruitment Medical Officer after obtaining opinion of the medical specialist at the Military Hospital, Secunderabad and as such was not enrolled. In their counter affidavit, respondents submit that the ideal weight for the petitioner’s height and age at that time was 61 Kg. Plus or minus 10% and that the upper permissible weight was 67 Kgs whereas the petitioner was grossly overweight by more than 20% at

76.5 Kgs. Respondents would rely on the manual of Medical Examination and Medical Boards (Indian Air Publication 4303(1987) relevant portions of which have been extracted and enclosed along with the counter affidavit. Para 3.2.5 of Chapter 2 Section 3 prescribes that the weight should be proportionate to height, that the proportionate height and weight is as given at Appendix A in Chapter 2 to Section 2, that condonation of weight up to 5 Kgs could be accorded by the Recruiting Medical Officer provided he certified that, with training and diet, the candidate was likely to improve upto the minimum standard during the training period. A recommendation to this effect is also required to be entered in medical documents. Para

2.2.16 of Chapter 2 Section 2 provides that the average weight in relation to the age and height for male and female were as given in Appendix A and B respectively to the Chapter, that a fraction of less than one Kg would not be noted. Appendix-A, as referred in para

2.2.16, prescribes the male average weight in KGs for different age groups and heights and for the height of 174 Cms in the age group of 18 to 22 years, the weight prescribed is 61 Kgs. Even with the 5 Kgs relaxation which is permissible, the maximum weight permissible is far less than the 76.5 Kgs weight which the petitioner weighed at the time of medical examination. A copy of the medical report of the petitioner is also enclosed along with the counter-affidavit, a perusal of which would clearly show that he was declared obees and his weight was recorded as 76.5 kgs. While Dr.P.B.Vijayakumar, Learned Counsel for the petitioner, would contend that the petitioner weighed only 68 Kgs it is necessary to note that, the medical examination wherein the petitioner was found medically unfit was held on 6.2.1998, whereas the writ petition came to be filed more than a year thereafter in April, 1999. As to what transpired in between, and whether the petitioner had made efforts to reduce his obesity, is not for this Court to examine since it for the respondents to satisfy themselves that the petitioner fulfilled the medical standards prescribed for selection to a post in the Indian Air Force. The submission of Dr.P.B.Vijaya Kumar, relying on certain other medical texts, notwithstanding it must be borne in mind that it is not for this Court to lay down the standards of height and weight required for appointment to any post, much less, in the Indian Air Force. Since the medical examination held on 6.2.1998 would disclose that the petitioner weighed 76.5 Kgs far in excess of the permissible weight limit, the action of the respondents in declaring him medically unfit, and in not selecting him, cannot be faulted. The writ petition fails and is, accordingly, dismissed. No order as to costs. ____________ 28-2-2008