Case Note & Summary
The petitioner, Sayyad Naim Ali Kachruddin, applied for the post of Driver Mechanical Transport (Ordinary Grade) with the Border Roads Organisation (BRO). He cleared the physical efficiency test, practical test, and written test, and was provisionally selected. However, during the medical examination on 18 February 2019, he was declared permanently medically unfit due to 'Presternal Keloid Chest' - a scar tissue over the chest bone. The Medical Review Board confirmed this on 4 May 2019. The petitioner challenged this decision before the Bombay High Court, arguing that the condition was minor and did not affect his ability to drive. The court examined whether the medical standard was reasonable and proportionate. It noted that the keloid was a cosmetic issue and did not impair driving functions. The court held that the disqualification was arbitrary, lacking rational nexus to job requirements, and violated Articles 14 and 16 of the Constitution. The petition was allowed, the medical unfitness declaration was set aside, and the respondents were directed to reconsider the petitioner's candidature.
Headnote
A) Service Law - Medical Unfitness - Presternal Keloid Chest - Disqualification for Driver Post - The petitioner was declared permanently medically unfit for the post of Driver Mechanical Transport due to a presternal keloid, which is a scar tissue over the chest bone. The court held that the condition does not impair driving ability and the decision was arbitrary and disproportionate. (Paras 1-12) B) Constitutional Law - Articles 14 and 16 - Reasonable Classification - The court examined whether the medical standard excluding persons with keloid from driver posts was reasonable. It found no rational nexus between the condition and the requirements of the job, thus violating equality clauses. (Paras 8-12) C) Administrative Law - Doctrine of Proportionality - The court applied the proportionality test to the medical unfitness declaration, concluding that the condition was minor and did not affect job performance, rendering the decision disproportionate. (Paras 10-12)
Issue of Consideration
Whether the declaration of the petitioner as 'Permanently Medical Unfit' for the post of Driver Mechanical Transport (Ordinary Grade) on account of 'Presternal Keloid Chest' is arbitrary and violative of Articles 14 and 16 of the Constitution of India.
Final Decision
The petition is allowed. The impugned decision declaring the petitioner permanently medically unfit is set aside. The respondents are directed to reconsider the petitioner's candidature for the post of Driver Mechanical Transport (Ordinary Grade) in accordance with law.
Law Points
- Medical unfitness
- Presternal Keloid Chest
- Disqualification for driver post
- Reasonable classification
- Article 14
- Article 16
- Doctrine of proportionality
