New Delhi, Differentiating between civil employment and employment in paramilitary forces, the Delhi High Court has said the personnel in forces were required to be in “optimal physical condition” which was not merely a preference but a necessity for operational effectiveness and safety.
A bench of Justices C Hari Shankar and Ajay Digpaul made the observation refusing to interfere with the rejection of an ITBP aspirant for being “unfit” as he had one testis.
“The basic difference between civil employment and employment in paramilitary forces is that the required physical strength is a must for a person who is seeking employment in the paramilitary forces.. The respondent’s requirement for the personnel to be in perfect health is not merely a matter of preference but a necessity for operational effectiveness and safety,” said the court in a judgement dated May 15.
The court noted the Indian paramilitary forces operated in varied terrains including high altitude areas, deserts and other difficult regions where they were exposed to extreme weather conditions, physical strains and other potential health hazards.
“Given these demands, the forces require the personnel to be in an optimal physical condition to ensure their safety, effectiveness and adequate service to be rendered to the force,” it observed.
The petitioner aspirant said his left testis was surgically removed and such surgical removal was not a ground for disqualification for other armed forces like Indian Air Force.
The bench, however, said medical officers were the best experts to judge whether a prospective candidate fulfilled the medical standards and the petitioner’s medical reports led suggested he was medically unfit.
His conditions fell clearly within the specifications that render him ineligible for service under the existing central armed police forces guidelines and he could not claim parity with other forces, the court ruled.
“The medical standards are decided by the respective forces. Therefore, a disease which has not been categorised for the purpose of declaring a person unfit in any paramilitary force/army will not bind such other paramilitary forces to have the same standard,” said the court.
Considering the assessment of the review medical board and the inherent demands of service of the paramilitary forces, the court said, “We do not find any legal or factual basis to interfere with the decision of the respondents, by which the petitioner has been declared medically unfit for service. ”
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