Supreme Court Dismisses Appeal of BSF Constable Declared Medically Unfit for Sub-Inspector Post
In a significant ruling, the Supreme Court of India, in the Civil Appeal No. 3641 of 2023, dismissed the appeal of Pavnesh Kumar, a constable in the Border Security Force (BSF), who was declared medically unfit for the post of Sub-Inspector through the Limited Departmental Competitive Examination (LDCE) 2018-19.
Justices Abhay S. Oka and Pankaj Mithal presided over the case, where Kumar contested the decision of the BSF and the subsequent affirmation by the Delhi High Court. He challenged the verdict that upheld his medical unfitness for the promotion to the post of Sub-Inspector.
The appellant, Pavnesh Kumar, had initially been declared medically fit in his capacity as a constable. However, upon applying for the post of Sub-Inspector through LDCE, he was found medically unfit for the reasons including Right Sided Varicocele, Varicose Vein in the left calf, and Tachycardia with a pulse rate of 110/min. Despite undergoing surgery, a review medical examination reaffirmed his unfitness.
The Supreme Court’s judgment highlighted the distinction between regular promotions and promotions through LDCE. It was emphasized that the LDCE involves specific medical standards that are independent of the general medical fitness required for the current position.
Justice Pankaj Mithal, in the judgment, clarified that Kumar was never declared medically fit for the LDCE process for the Sub-Inspector post. The Court found no substance in the appeal and upheld the decision of the Medical Board and the High Court, dismissing the appeal without any order as to costs.
Date of Decision: 28th November 2023
PAVNESH KUMAR VS UNION OF INDIA & ORS.
