Gujarat HC takes exception to RBI’s ‘discriminatory’ medical fitness rules for recruitment

It is Soni’s case that in July 2021, his appointment to the post was refused without assigning any reason and that a subsequent RTI request revealed his candidature was not considered because he had failed to qualify the eyesight requirements. He argued that he could not be declared unfit for any work and since the work assigned to assistants is normally “table work” the rejection of his candidature on the grounds of his myopia was unjust and improper.

The RBI had relied on a communication of 23.03.1967 that indicated that “in case of technical posts (cash department)/clerks”, the amount of myopia should not exceed -4.00 ‘D’ as their job would involve working in the cash department where diligence and alacrity are required, particularly for detecting fake currency notes by examining the colour and size of the fonts of the number panel and other security features of bank notes. The RBI had suggested the candidate undergo necessary surgery to be considered for the post, which he had refused to do.

On Wednesday, Chief Justice Agarwal expressed shock after going through the RBI’s medical fitness form and orally observed that it was antiquated and discriminatory. The court also permitted Soni to challenge the RBI’s medical fitness rules.

Addressing RBI’s counsel Amar Bhatt, Chief Justice Agarwal remarked, “…Now times have changed. We must think of including those persons also who are not absolutely normal like you and me and we are lucky that we are like this. Our concern is that this kind of sensitivity is needed in every institution. Unless and until you’re able to demonstrate and there is a report that he is not able to perform his duties you cannot exclude him on this ground. These rules must have been framed years earlier. Have you ever modified these rules according to the requirements?

“You’re asking ‘do your joints ache or swell very often’? And if so you’ll exclude him, because he has arthritis? ‘Do you have a skin disease of long duration? Do you suffer from loose bowels or constipation frequently?’ What kind of requirements are these?

“ ‘Do you get attacks of depression? Were you ever treated for mental illness? Do you lose your temper quickly?’ See the requirements. ‘Do you suffer from attacks of giddiness, fits and convulsions? Did you ever suffer from TB or spitting of blood?’ What kind of requirements are these?!

“‘Do you pass urine too often during day and night?’ You will stop people from going to the loo?…Then for female candidates you ask for the menstrual cycle—‘whether regular or irregular?’ How are you concerned with this? You have formulated these rules? These exclude people from coming to your institution. We are taking strong exception to these rules. And then you’re asking the date of the menstrual period…

“He (Soni) is not having difficulty in near vision. He may not be able to identify you from a distance. This is an old manual which you’ve never revisited. You are mechanically applying this manual without revisiting it. Times have changed. Circulars are your circulars, but you have to revisit them. The authorities sitting at the helm of affairs have to be alive to the social situation as well. They cannot act mechanically.”

Addressing the petitioner’s counsel, the judge said, “You challenge these rules, we will grant relief. We are permitting you to challenge these rules on all criteria on which you can challenge. These are discriminatory and insensitive rules. These are not only gender discrimination, these are also discrimination in all sense.”

The court directed an independent medical report to be submitted in a sealed cover. Soni is to be examined at the Ahmedabad Civil Hospital at Asarwa for the report. It permitted Soni to move a draft amendment application challenging the medical requirements.

The matter will be heard next on August 24.