An applicant for the National Police with flat feet has achieved a ruling that considers him fit for the force, annulling the ruling of the Medical Court that excluded him from the selection process. This has been considered by the Superior Court of Justice (TSJ) of Madrid, in a ruling distributed by the Suárez-Valdés law firm, which explains that it has defended the affected person.
The candidate to join the National Police has flat feet, but had been considered suitable in three previous calls for competitions. In August 2021, the Medical Court, however, ruled that he was not fit for the body, which left him out of the selection process, considering that his degree of flat feet was more serious and that it was disabling for the position. .
Specifically, the opponent was “excluded because he fell under the cause of medical exclusion included in point H.10, according to the table of exclusions, that is, ‘morphological alterations of one or both feet that may cause intolerance to the use of footwear. regulation or to activities with prolonged standing,” states the ruling.
The defense of the opponent of the police argued that the arguments offered by the Administration were “totally generic” and “could be applied to any person with flat feet,” also adding that the candidate had “passed not only the physical tests of the selection process, but in own medical examination, in three different calls.”
Medical tests and eligibility consideration
The Medical Court report justified its exclusion because it detected a “fall in the plantar longitudinal arch of both feet, presenting bilateral grade III flatfoot, alterations that will foreseeably be a reason for future disability.”
In response to said report, the police candidate presented other medical reports from specialists in traumatology and orthopedic surgery, as well as a biomechanical study prepared by a podiatrist. The evidence presented accordingly supported the “full functionality of the opponent’s feet and ankles.”
He also provided a radiological study, “which shows that he has bilateral flat feet without associated degenerative changes or deformities of the fingers, forefoot or hindfoot. “Flexible flat feet, grade II (mild), which constitute a mere variant of normality, since they are asymptomatic and do not alter the functionality of the lower limb,” the ruling states.
Thus, the Superior Court of Justice of Madrid considers that the “detailed medical reports” presented by the applicant “conclude in the nonexistence of excluding pathologies.” This, together with “the fact that the actor has passed the medical examination in other previous calls, allows the presumption of correctness of the official medical report that justified the exclusion” of the opponent to be considered distorted.
For this reason, the court considers the candidate “suitable” and resolves that he must be included again in the selective processes to enter the National Police Corps. In addition, it orders the General Directorate of the Police to pay the costs, up to a maximum of 800 euros. The sentence, notified yesterday to the opponent’s defense, is subject to appeal before the Supreme Court.
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