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Madhya Pradesh High Court · body

1996 DIGILAW 864 (MP)

Nirasha Baghel v. Union of India

1996-09-25

D.M.DHARMADHIKARI

body1996
JUDGMENT Ku. Nirasha as her name portends had to face disappointment and feels utterly frustrated by her non-selection to the post of Lady Constable in Central Reserve Police Force. She is a member of Scheduled Caste. On the basis of her qualification, achievement and excellency in sports and as an athelete she was selected on merits. When put to medical examination, before issuance of appointment order in her favour, the Medical Officer who examined her found white leucoderma patches on her hips, both legs and hands. He gave his opinion in the forms of a certificate (filed as Annexure R-2 with the return of the respondents) and contains the following remarks -- "Having leucoderma patches in the skin likely to increase redering the candidate unable to stand in sun and discharge his duties". On behalf of the petitioner the above medical opinion given by the Medical Officer of the CRPF is challenged as erroneous. Shri Prashant Singh assisted by Shri Mrigendra Singh learned counsel appearing for the petitioner submits that the petitioner had successfully cleared the physical endurance test. In the petition it has been stated that she is a good athelete and excellent player of Volleyball/Basketball. She represented various district level teams of atheletic events and of Volleyball/Basketball tournaments. Her case is that she does not suffer from any physical disability and has no problems even if exposed to sun for field duties. Alongwith the petition she has filed certificate from skin specialist that Leucoderma the medical term of which is 'Vitiligo' is not any infectious or contagious decease. It is submitted that on such un-substantial medical grounds that the petitioner has white patches on her skin on some parts of the body, the petitioner could not have been denied appointment to the post of Lady Constable. On behalf of the respondents representing the authorities of CRPF, Mrs. 1. Nair learned counsel submits that this Court should rely on the medical opinion of the doctor who examined her. In the opinion of the doctor the petitioner may be suitable for some other job but she is not medically fit for field duties of a Constable as exposure to sun may impair her physical efficiency. It is not disputed by learned counsel for the parties that the medical officer who examined the petitioner and gave the above medical opinion is not a skin specialist. It is not disputed by learned counsel for the parties that the medical officer who examined the petitioner and gave the above medical opinion is not a skin specialist. This Court, therefore, granted opportunity to the parties to produce further medical opinions or standard medical text books on the subject. The petitioner has filed certificates obtained from the Skin Specialist which merely say that the decease is not contagious or infectious. The medical opinion containing the remark of the medical officer came to the knowledge of the petitioner only when the return was filed by the respondents in this case. Thereafter no further medical opinion has been filed on behalf of the petitioner. Mrs. Nair on behalf of the respondents produced a photo copy of a chapter on the subject contained in the book Current Medical Diagnosis and Treatment. The relevant portion of said medical book under the head 'Complications' contains the following passage : "So far keratoses and epitheliomas are more likely to develop in persons with vitiligo and albiniam. Vitiligo tends to cause proritus in anogenital folds. There may be severe emotional trauma in extensive vitiligo and other types of hypo-end hyperpigmentations, particularly when they occur in naturally dark-skinned persons. In the same chapter under the head 'Treatment' : "Methoxsalen is given in a dosage of 20 mg. orally each morning (2-4 hours before exposure to sunlight) for weeks or months, and in combination with judicious exposure to sunlight may bring about re-pigmentation in vitiligo". On behalf of the petitioner a photo copy of relevant page of the Text book on Medicine by Dr. Rustom Jal Vakil has been produced. In that book the nature of skin Disease 'Leucoderma' of which medical term is 'vitiligo' has been explained : "Vitiligo is a fairly common cosmetic disorder seen in this country. It is characterised by acquired lesions of depigmentation, the cause of which remains unknown. It has been suggested that the condition is due to an increased formation at the peripheral nerve ending of the skin of a melatonin like substance which retards melanin formation." In none of the above text books any of the authors or doctors have stated that a person suffering from this skin disease is impaired in his physical capacity. It has been suggested that the condition is due to an increased formation at the peripheral nerve ending of the skin of a melatonin like substance which retards melanin formation." In none of the above text books any of the authors or doctors have stated that a person suffering from this skin disease is impaired in his physical capacity. Exposure to sun may cause some more pigmentation but for that reason it cannot be said that the person would be unable to undergo any physical strain. The petitioner here has successfully passed the physical endurance test. She has been a sports woman, excellent athelete and player. Nothing can be brought on behalf of the respondents in the shape of expert medical opinion to support the opinion given by the medical officer of CRPF who admittedly is not a specialist on the subject. It is common knowledge that persons suffering from Leucoderma are occupying higher positions in all walks of life and are discharging their duties as efficiently as other normal men and women with no such skin disease. The medical opinion is only to the effect that the candidate may in future suffer from partial physical disability by exposure to sun. There can be no definite medical opinion as to what would happen in future. Equality of opportunity for public employment is fundamental right under Article 16 of the Constitution of India. Such a right can be denied to a citizen only on a valid and substantial ground. The medical ground that the petitioner has white patches of Leucoderma on her skin in some parts of her body does not presently render her physically incapable for employment. It cannot he held to be a valid and substantial ground to deny her employment. True it is that this Court should not question the medical opinion of the medical officer of CRPF Accepting the medical opinion of CRPF Doctor as it stands, employment could not have been refused to the petitioner on the ground that the white patches on her skin, in future are likely to increase to render her unable to stand in the sun. Presently, there are no white patches on any uncovered part of the body of the petitioner. Whether she would have more patches on her exposed part of the body is only a matter of guess and no medical expert can give any definite opinion. Presently, there are no white patches on any uncovered part of the body of the petitioner. Whether she would have more patches on her exposed part of the body is only a matter of guess and no medical expert can give any definite opinion. The petitioner does not suffer from any physical disability or any such disease which has or is likely to impair her physical capacities so as to render her unfit for the post. Consequently, the petition succeeds and is hereby allowed. The respondents are directed to treat her physically fit and issue an order of appointment in her favour in the earliest possible time. In the circumstances there shall be no order as to costs.