Bombay High Court Overturns CISF Candidate's Disqualification Over Subtle Lisp
In a significant ruling that emphasizes fairness and medical nuance in recruitment processes, the Bombay High Court has quashed and set aside the disqualification of a 25-year-old candidate from further rounds of selection to the Central Industrial Security Force (CISF) due to a subtle lisp. The bench, comprising Justices Ravindra Ghuge and Abhay Mantri, delivered this judgment on Wednesday, permitting the petitioner to continue in the recruitment process while acknowledging the possibility for improvement through speech therapy.
Court's Rationale and Clarifications
The judges noted that there was no dispute regarding the petitioner's overall physical fitness and ability to undertake further tests. However, the Centre's advocate, Rui Rodrigues, presented a communication from a CISF doctor dated December 9, which declared the candidate unfit due to a speech abnormality characterized as a subtle lisp. The communication emphasized that effective communication is a basic requirement for command and troop safety, stating, "But due to subtle lisp, the above individual cannot command satisfactorily."
In response, the candidate's advocate, Pawankumar Prasad, referenced the guidelines for recruitment medical examinations, specifically pointing to a clause that mentions "speech should be without impediment i.e. no stammering." The judges observed, "There is no dispute that the petitioner does not suffer from stammering. He suffers from a subtle lisp."
Understanding Subtle Lisp and Its Implications
The court elaborated on the nature of a subtle lisp, describing it as a minor articulation disorder involving a slight mispronunciation of 's' and 'z' sounds. This often results from minor tongue placement issues, where the tongue pokes forward or sideways, producing a soft 'th' or faint slushy sound instead of a clear, crisp 's'. The judges added that such a condition can be addressed for clearer speech through focused exercises or professional assistance.
Considering the petitioner's desire to join as a constable, the court noted that the stage of issuing commands "is yet to come" and that the existing guidelines do not explicitly include subtle lisp as a disqualification. As a result, the judges granted him the benefit of doubt, allowing him to proceed in the selection process.
Conditions and Future Considerations
The bench made it clear that their ruling only overrules the objection based on subtle lisp at this stage. The petitioner remains eligible to participate in further selection rounds strictly in accordance with applicable rules and procedures. However, the court outlined a contingency for the future: if the candidate advances to a position requiring the issuance of loud commands to jawans, the concerned authorities would be at liberty to subject him to a proper medical test to determine whether the subtle lisp persists.
The judges concluded, "If it persists and if it is an impediment, the Force would take an appropriate decision." This ruling underscores the importance of individual assessment and the potential for rehabilitation in recruitment criteria, setting a precedent for similar cases in security forces and beyond.
