Stating that Tamil Nadu Police Recruitment Board did not define the term "sound health", the Madras High court bench here today directed it to give employment to a candidate, who was not given appointment after being rejected by the Medical Board on health grounds.
"The term sound health has not been defined anywhere in the rules.It only states that the sound health of the candidate should be to the satisfaction of the appointing authority. But the satisfaction of the appointing authority should be objective and same should not be subjective and arbitrary," Justice S.Nagamuthu said.
The court was allowing a petition filed by one A.Karl Marx, seeking a direction to authorities to appoint him as a Grade II police constable.
The judge gave the view that not every ill-health of an individual will make him unfit."There are so many health setbacks for human beings such as diabetes,which will not bring the man within the term 'unsound health'."
In this case the candidate had been rejected because he was found to have "mitral valve prolapse" by the Medical Board.If the candidate had mitral valve prolapse, how did he participate in all the physical tests, such as running and long jump and cleared them, the judge asked.
"In my considered opinion,assuming that the petitioner is suffering from the defect, in terms of the recruitment rules,I hold it cannot be termed as unsound health," the judge said.
"The said health problem will not make him unfit for the post of constable," the judge said.
"The government pleader may be true when he said that the medical board had declared the candidate unfit.But the certificate was only in terms of the field of medicine. Unsoundness of health in terms of medical field is different from unsoundness of health in respect of legal terms," the judge said.
The judge directed that the candidate should be appointed in eight weeks time.
The petitioner said he cleared written examination and physical test, but his candidature was rejected on January 22,2009, on the ground he had mitral valve defect and sought the court's intervention to appoint him.
