Delhi HC Grants Relief to Woman SSB Candidate, Additionally Suggesting an Examination of Outdated Language to Describe SSB Positions

The Delhi High Court recently pronounced a verdict in favor of a young female SSB candidate. A bench comprising Justices Rekha Palli and Shalinder Kaur directed the SSB to grant the young candidate a fresh opportunity for her medical examination, within a week from the date of hearing.

The case pertained to a young woman who is aspiring to join the Seema Sashastra Bal (SSB) as a female Constable (Washerman), under the OBC Quota. After seeing an advertisement for this post, the woman petitioner applied for it and successfully qualified the Physical Endurance Test (PET) and Physical Standards Test (PST). After this she was called for the written test. Subsequently, after giving the test, she found that her name was included in the merit list and was asked to come for the medical examination.

However, as she was in an advanced stage of pregnancy at the time, she was directed to appear for the test after her delivery.  When she came for the medical examination after giving birth to her baby, she was declared “ unfit” on the grounds of being overweight. Subsequently, she appeared before a Review Medical Board, which also found her overweight, since her BMI was 25.3 as opposed to the maximum prescribed limit of 25 for the post.

The woman candidate was dissatisfied with the decision of the Medical Board, and approached a government hospital in Gwalior, where it was found that her BMI was 24.8, which is within the prescribed limit for the post. This led her to approach the court by filing a writ petition under Article 226 of the Indian Constitution.

 The woman’s counsel submitted before the court that not only was the woman’s BMI within the acceptable range just a day after her examination by the Board, but that, since she had delivered a baby just four months before being called for the examination, she should have been granted more time to lose the post-pregnancy weight.

The counsel sought that the woman be examined by an Independent Medical Board and in the event of her being found fit, be appointed as a female Constable (Washerman). He requested that she be given all the benefits arising from this post in case she is found medically fit.

However, the counsel for the respondent, SSB, argued that the woman’s BMI was above the prescribed limit during all stages of the selection process. Even before her medical examination, when she appeared for the PET and PST tests, she was overweight, but as the SSB does not disqualify overweight candidates during the preliminary stages of selection, she was allowed to give these tests. However, when she was found overweight even during the medical examination, the SSB could not go through with her selection.

According to their counsel, personnel of the SSB need to be able to work in hostile conditions, so it is necessary for them to be medically fit.

Further, the SSB’s counsel submitted that as per their Guidelines, in cases where female candidates are pregnant, as reflected in their urine test, they are declared as temporarily unfit and given a time of six weeks to re-appear for the test , subject to a certificate of fitness from a registered medical practitioner.

The court, after hearing the arguments of both sides, noted that it did not doubt the SSB’s averment that the candidate was overweight. However, taking into account the fact that she had recently given birth just four months prior to her examination, it  opined that she should be given another opportunity to be examined by a fresh medical board.

The court also observed that since the candidate’s BMI was 24.8 according to the hospital records, there is a possibility of an error of judgement on the part of the SSB Medical Boards. However, noting that both parties were in agreement regarding the acceptable weight limit for eligible candidates, the court directed that the female candidate be examined by a fresh medical board constituted by the SSB, as suggested by them, rather than by an Independent Board.

The court also directed the SSB to appoint the woman as a female constable (washerman) in case she is found medically fit, additionally observing that she is entitled to retrospective seniority and notional pay fixation at par with other candidates. However, the court also stated that she would receive her wages only after the actual date of appointment.

The court opined, “This period of six weeks envisaged under the Guidelines to enable a female candidate to regain her medical fitness after going through a pregnancy, in our considered opinion, is extremely short, as it may not be possible for a female candidate, who has undergone her pregnancy, to regain her complete medical fitness and lose the weight within six weeks which she may have gained during the nine months of her pregnancy.”

The court also cited the Maternity Benefit Act, 1961, which provides for a much longer period of absence. Taking these factors into account, the court directed the respondent SSB to examine the provision on pregnant candidates in consultation with a medical specialist, and provide a more reasonable time for them to reappear for the examination. The court stated that this matter should be placed before the Additional Director General (Medical) of the Central Armed Police Forces.

Case Title : Sonu Rajput V/s Union of India  Anr. (W.P. (C) 10641/2024)