The Delhi High Court has said that the time of six weeks granted to pregnant candidates at the time of medical examination for recruitment in the Central Armed Police Forces (CAPF) to attain the required physical fitness after delivery is very short. The court has also asked the authorities to examine the provision of granting a reasonable time in this case. The High Court said that it may not be possible for a pregnant candidate to regain full medical fitness and lose the weight gained during nine months of pregnancy within a period of six weeks.
The court was informed that as per paragraph 5.3 of the Guidelines for Medical Examination for Recruitment into the Central Armed Police Forces and Assam Rifles, if the urine test related to pregnancy is positive, the candidate will be declared temporarily ineligible and will be detained within six months of delivery. A fresh examination will be conducted after one week provided a medical certificate of fitness issued by a registered medical practitioner is produced.
A division bench comprising Justices Rekha Palli and Shalinder Kaur said: “This period of six weeks provided in the guidelines to enable the candidate to regain her medical fitness after pregnancy is, in our view, extremely short, because it will not always be possible for a pregnant candidate who has gained weight during pregnancy to regain her full medical fitness and lose weight within a period of six weeks. The Maternity Benefit Act, 1961 also provides for a longer period of absence from service.
The Court ordered the concerned authorities to examine this provision of the guidelines in consultation with medical experts, with a view to considering the possibility of granting such women the necessary time for the candidate to regain her physical fitness after pregnancy.
I had applied for the post of SSB agent (laundryman)
The court was hearing a plea from a woman who wanted to join Sashastra Seema Bal (SSB) as a constable (washer) under the Other Backward Class (OBC) quota but was medically disqualified as “overweight”.
The woman’s case was that after passing the written exam, she went for a medical examination in the last stage of her pregnancy. Her medical examination was postponed and she was told to come for an examination after delivery.
BMI found above the 25 BMI rule
The petition said that when the woman appeared before the medical board just four months after delivery, she was declared ‘unfit’ for being overweight and the medical board review also declared her ‘unfit’, as her body mass index (BMI) was found to be 25.3, which was above the acceptable limit of 25 prescribed for appointment in CAPFs.
Dissatisfied with the findings, she went to a government hospital in Gwalior where her BMI was found to be 24.8, but the authorities took no action, so she approached the High Court seeking redress.
The court said that while it had no reason to doubt the authorities’ claim that the woman’s BMI was more than 25 during the selection process, it must be considered that the candidate in question had barely passed the medical examination. She gave birth to a child only four months ago and is entitled to another chance to be examined by the new medical board.
The court accepted the plea and ordered that he be examined by a fresh medical board within a week and if his BMI is found to be less than 25, he will be appointed as a bailiff (washman) within four weeks.
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