CAT issues notice to respondents on plea moved by Delhi police personnel challenging appointment through 2018 exam
Feb 15, 2021
New Delhi [India], February 15 : The Central Administrative Tribunal (CAT), Principal Bench on Monday issued notice to all respondents on a plea moved by a Delhi Police personnel challenging the appointment where he was disqualified by Review Medical Board in November 2020.
CAT sought response from the Ministry of Home Affairs (MHA), Delhi Police and Staff Selection Commission (SSC) on the petition.
In a plea filed through his Advocate Harpreet Singh Hora, it stated that the notification dated March 3, 2018, by SSC notifying or advertising the examination for the post of Sub Inspector (Executive) in Delhi Police or Central Armed Police Forces (CAPF) and ASI in CISF, he appeared and passed the preliminary examination but was declared unfit by the Medical Board against which he filed an appeal.
"The Board in Appeal declared him fit on grounds of eyesight and knock knees and gave a nod for appointment to the post of Sub-Inspector. But later, the review medical board injected a new condition of ineligibility in the rulebook by declaring the candidate unfit citing the eyes suffering from Coloboma present in iris associated with retinal Coloboma in left eye whereas such a condition is not part of the rule book," the petition said.
The applicant who is currently serving as the Delhi Police Constable raised the representation with the Respondent stating that the said order of the review medical board is illegal and unsustainable in the eyes of law, the plea said.
The petition said that the judgments of the Supreme Court that the department medical fitness of the candidates has to be determined by the Medical Board and Review Medical Board as per the medical standard prescribed in the recruitment notice, and any deviation from the same would certainly render the findings of the Medical Board and Review Medical Board invalid.
"Respondents cannot inject a new rule in the rule-book by their own whims and fancies and the said conditions can only be framed and legislated by the rule making authorities and thus, the Respondents have exceeded their jurisdiction in disqualifying the candidature of the applicant," the plea stated.
The plea further states that the terms and conditions contained in the recruitment notice being binding on the candidates and respondents, the medical fitness of the candidates has to be determined by the Medical Board and Review Medical Board as per the medical standard prescribed in the recruitment notice, and any deviation from the same would certainly render the findings of the Medical Board and Review Medical Board invalid.
