Dhiraj Milind Dhurve v. Union Public Service Commission & Anr

RAJIV SAHAI ENDLAW, J.

ASHA MENON, J. MAY 22, 2020 'gsr'..

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 22ndMay, 2020 + W.P.(C) No.3237/2020, CM No.11266/2020 (u/S 151 CPC for ad- interim ex-parte directions) DHIRAJ MILIND DHURVE .... PETITIONER Through: Mr. Anupam Dwivedi, Adv. Versus UNION PUBLIC SERVICE COMMISSION & ANR. ...RESPONDENTS Through: Mr. Naresh Kaushik, Adv. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW HON'BLE MS. JUSTICE ASHA MENON [VIA VIDEO CONFERENCING] JUSTICE RAJIV SAHAI ENDLAW CM No.11267/2020 & CM No.11268/2020 (both for exemption) 1. Allowed, subject to just exceptions and as per relevant rules. 2. The applications are disposed of. 3. The petitioner, an engineering graduate and a candidate in the examination process held by respondent no.1 Union Public Service Commission (UPSC) for the post of Assistant Commandants in Central Armed Police Forces (CAPF) and having cleared the written examination and the Physical Efficiency Test / Physical Standards Test and having failed the Medical Standards Test for the reason of being overweight, has filed this petition seeking a direction to the respondents to conduct medical re- W.P.(C) No.3237/2020 & CM No.11266/2020 (u/S 151 CPC for ad- interim ex-parte directions) examination of the petitioner by measuring weight of the petitioner with a properly calibrated weighing machine and to call the petitioner for interview / personality test, if found successful in such medical re-examination. 4. The advertisement dated 24th April, 2019, published by UPSC, inviting applications for appearing in the Central Armed Police Forces (Assistant Commandants) Examination, 2019 and pursuant to which the petitioner applied and started participating in the examination process, provides (i) under the head "IMPORTANT", that the candidates applying for the examination should ensure that they fulfill all eligibility conditions for admission to the examination and clarified that their admission at all the stages of the examination will be purely provisional and subject to satisfying the prescribed eligibility conditions; (ii) in Appendix-I, that Medical Standards Test to check the standards specified in Appendix-VI, will be conducted only in respect of candidates who are qualified in the Physical Efficiency Test and that the Medical Standards Test will be conducted under the supervision of a Nodal Authority to be appointed by the Ministry of Home Affairs and that appeal will be entertained only against the Medical Standards Test and will have to be made, within a period of fifteen days from the date of declaration of the Medical Standards Test, to the Appellate Authority designated by the Ministry of Home Affairs; (iii) in Appendix-V titled "Physical and Medical Standards for the Candidates for the Post of Assistant Commandants in the Central Armed Police Forces", the minimum requirements inter alia of weight and that the weight should be as per the height and age as mentioned in Appendix-II(B) [sic for V(B)] and that the candidate must be in good mental and bodily health and free from any physical defect likely to interfere with the efficient performance of the duties; and, (iv) in Appendix-V(B), the average body weights in kilograms for different age groups and heights and the manner of computation thereof. 5. The petitioner, in the Medical Standards Test undertaken by him on 27th December, 2019 at "G.C. CRPF, Pune", was found 'unfit' for the reason of "overweight by 16.5 Kg.". 6. The said Medical Standards Test undertaken by the petitioner and / or findings thereof were not challenged by the petitioner, at the contemporaneous time and are not challenged in this petition either. 7. The petitioner, in accordance with the Scheme of the examination, preferred an appeal against the finding of the Medical Standards Test, by applying for Review Medical Examination, after obtaining necessary medical certificate from a specialist medical practitioner of concerned field as per proforma provided. Along with the said appeal, the petitioner