Armed Forces Best Judge Of Their Standards For Selection, Court Can't Interfere; Except In Grave Circumstances: Delhi High Court

The Delhi High Court has observed that the Armed Forces and Para Military Forces are the best judges to set their own standards for selection as per their own discretion and the same merits no interference by a court of law, unless there is some "grave exceptional circumstances."

A division bench of Justice Suresh Kumar Kait and Justice Saurabh Banerjee made the observation while dismissing a plea filed by a boxer, who had applied for the post of Head Constable (General Duty) in CISF under sports quota, but was later declared as medically unfit due to obesity. The plea was moved challenging the result given by Review Medical Examination and all subsequent proceedings regarding appointment.

The petitioner claimed to have participated and won many medals in various boxing events in weight category from 81 to 85 kgs.

A notification was issued by the Deputy General of CISF on January 1, 2022 inviting applications for the post of Head Constable (General Duty) against Sports quota for the year 2021 in different disciplines including Boxing for 10 different weight categories for women, ranging from 48 kg to 81 kg above, with only one vacancy in each of the said categories.

The petitioner applied for the said post in the 81 kg above category and was called for sports trial. She was provisionally selected for the post and was then called for a medical examination, where she was declared medically unfit for the reason of obesity. After she applied for a Review Medical Examination, she was again declared medically unfit for the same reason.

The plea claimed that there was no specific mention in the recruitment notification that the Body Mass Index (BMI) can be one of the reasons for rejection, adding that the action of declaring her medically unfit was arbitrary as obesity is not a permanent or incurable illness.

Dismissing her plea, the court noted that although the petitioner was falling in the 81kg above category, however, her BMI on both occasions was found to be more than the minimum level as per the standards maintained by CISF.

In fact, merely being in the weight category in a sport like Boxing is not sufficient as the determining factors are the BMI ratio and that the person is in "shape", the court said.

Furthermore, it also observed that by filing the plea, the petitioner was asking the court to go beyond the scope of Article 226 as setting or adjudging the parameters for medical fitness or selection of someone in the Sports category by the Armed Forces and the Para Military Forces, does not fall in judicial domain.

"We are afraid, this Court is not competent to do so, largely as such Forces require and indeed follow maintenance of different, if not high, standards. This Court sitting under writ jurisdiction is not to judge the manner followed or comment upon the eligibility criteria adopted by the respondents as that would tantamount to treading upon an unfamiliar path," the court said.

The bench said it would be "too far-fetched" for it to try or cross the boundaries to "charter into inaccessible lands without any knowledge or instructions."

The court found nothing arbitrary in the action of the authorities, adding that they were diligently following the set-out eligibility criteria in the recruitment notification.

The CISF did not follow any pick and choose policy or discriminated the petitioner against other candidates, the court said.

The court also agreed that obesity is not a permanent illness or incurable. "Surely the petitioner shall have many more opportunities to qualify for the said post of Head Constable (General Duty) with any of the Forces in the coming years when she will be falling within the requisite parameters," it added.

Title: NEHA v. UNION OF INDIA AND ORS

Citation: 2022 LiveLaw (Del) 1063

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