The Punjab and Haryana High Court has ruled that a candidate who was unjustly disqualified for a Constable post on medical grounds cannot be denied relief merely because the authorities filled the post while the case was pending in court.
A bench comprising Justice Sanjeev Prakash Sharma and Justice Meenakshi I. Mehta observed that:
“Relief cannot be denied to the appellant merely because the respondents have chosen to fill up the posts in spite of the pendency of the writ petition and the notices having been served upon them.”
The court emphasized that the authorities proceeded with filling the positions at their own risk and cost and, therefore, the contention of the respondents was not legally sustainable.
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Background of the Case
The case involved Ranbir, a candidate who had applied for the position of Male Constable (General Duty) in 2015 under the Haryana Staff Selection Commission (HSSC). Ranbir successfully cleared both the written and physical tests required for selection. However, his appointment was halted when he was sent for a medical examination.
The Civil Surgeon referred him to PGIMS, Rohtak, where the medical report indicated evidence of ‘right dorso lumbar spine scoliosis’. Based on this report, the Civil Surgeon declared Ranbir medically unfit for the position.
Petitioner’s Argument
Ranbir challenged the decision, arguing that his medical condition did not amount to a disqualification for the role. His counsel stated that no specific guidelines declared right dorso lumbar spine scoliosis as an absolute disqualification for a Constable position.
Respondents’ Justification
The authorities, in response, contended that the Civil Surgeon’s report clearly indicated potential complications and implications that could arise due to the medical condition. Thus, they maintained that he was ineligible for appointment.
Upon reviewing the medical assessments, the court found that the State was directed to produce the medical opinion of the Board of Doctors which had originally declared Ranbir unfit. However, scrutiny of the report raised serious concerns.
The affidavit filed by the Additional Director General of Police, Administration, Haryana, Panchkula revealed that:
“Two doctors merely downloaded complications from medical books and conveyed them to the authorities without forming an independent medical opinion.”
The Civil Surgeon’s report was also placed on record, but the bench found no specific medical observations that justified treating Ranbir as unfit.
The court noted:
“We only find that while it has been stated that there is evidence of ‘right dorso lumbar spine scoliosis’, there is no observation of the doctor declaring him unfit.”
Justice Prakash further remarked:
“It is apparent that while the Civil Surgeon, Sirsa, declared the appellant unfit, no doctor from PGIMS, Rohtak, or PGIMER, Chandigarh has declared him unfit for discharging duties of a Constable.”
The bench emphasized that a specific medical opinion was required to justify such a disqualification. A mere 15-degree curve in the spine could not be considered a deformity severe enough to deny him employment.
“A Special Medical Board comprising seven doctors from fields such as Orthopedics, Neurology, Neurosurgery, and Internal Medicine examined the appellant and found him fit. Denying him the appointment would be a travesty of justice.”
The court allowed Ranbir’s plea and directed the authorities to grant him appointment notionally from the date when lower-ranked candidates were appointed.
Additionally, the court ruled:
“His pay fixation shall be done accordingly, and actual benefits shall be given from the date of passing of this order. The exercise shall be completed within one month from the date of this order.”
Mr. Sunil Kumar Nehra, Advocate, Mr. Rahil Mahajan, Advocate, Mr. Arjun Dosanj, Advocate and Mr. Akash Gahlawat, Advocate, for the appellant.
Mr. Saurabh Mohunta, Senior Deputy Advocate General, Haryana.
Title: Ranbir v. State of Haryana and others
