SC Constitutes Medical Board for Examining Knock Knees of Candidate

In the Latest Order of the Supreme Court, a candidate of Sub Inspector Civil Police in UP has been directed to be re-examined by a medical board to ascertain his medical condition as to knocked knees.

The Facts of Abhishek Kumar Vishwakarma vs State of UP and Others are as follows:

Abhishek Kumar Viswakarma filed a Writ Petition before the Hon’ble Supreme Court challenging the rejection of his candidature for the post of Sub Inspector in UP Police on the ground of ‘Knocked Knees’. He was subjected to two medical examinations on 17.04.2019 and 19.04.2019; however, in both the medical examinations, the Petitioner was declared unfit and consequently rejected.

The Petitioner approached the Supreme Court and submitted that various hospitals had issued medical certificates stating that the Petitioner does not suffer from ‘Knock Knees’

After hearing the parties, a bench of Justice U.U. Lalit and Vineet Saran provided as follows:

  1. Let a Board of at least four Medical Professionals shall undertake a medical examination of the Petitioner afresh. The members of the Board should have expertise in their respective fields, and at least one of them must be from King George’s Medical University.
  2. The Petitioner shall appear before the Medical Board on 01.10.2020 or such other date as the Medical Board may deem appropriate.
  3. The Medical Board shall check the medical condition of the Petitioner with special emphasis on the issue whether the Petitioner suffers from “Knock-knees” or not.
  4. The result of the above medical examination shall be submitted by way of an affidavit to this Court within a week of the Medical Examination along with relevant X-ray for the perusal of the Court.

The Court has directed the matter to be listed on 16.10.2020.

It is to be noted here that in Uttar Pradesh the Recruitment and Selection to the Post of Sub Inspector Police is governed by the U.P. Sub Inspector and Inspector (Civil Police) Service Rules 2015.

Rule 13 of the U.P. Sub Inspector and Inspector (Civil Police) Service Rules 2015 provides that no candidate shall be appointed to a post in the service unless he is approved by the Medical Board. The Note appended to the Section provides that Medical Board shall examine the deficiency such as Knock Knee, bow legs, flat feet, varicose veins, distant and near vision, color blindness, hearing test etc.

Case Details:-

Title: Abhishek Kumar Vishwakarma vs State of UP and Others

Case Number: WP (C) No. 935 of 2019

Quorum: Justice U.U. Lalit and Vineet Saran

Appearance:- For Petitioner (s) Mr Sudhir Naagar, AOR, Mr Mohit Singh, Adv., Mr Sidharth Khatana, Adv. and For Respondent(s) Ms Garima Prashad, AOR, Mr Vikas Bansal, Adv.

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