Court rules police applicant was wrongly rejected

A police applicant in Germany was rejected from the hiring process due to a kidney stone. The state of North Rhine-Westfalen claimed that the applicant could not always follow the medically recommended preventive measures in the police force’s daily operations.

The recommended prevention for individuals who have had a kidney stone includes drinking 2.5 to 3 liters of water per day and eating a balanced diet. However, the state questioned whether this could be guaranteed in the police force’s daily operations, particularly during certain deployments where an officer may not be able to drink or eat freely.

OVG Decision

The Oberverwaltungsgericht (OVG) Nordrhein-Westfalen has now ruled that the state went too far in rejecting the applicant. The court dismissed the state’s appeal against a previous interim decision by the Verwaltungsgericht (VG) Aachen, which had ordered the state to continue the applicant’s hiring process.

The OVG stated that the applicant could not be deemed unfit for health reasons solely due to the kidney stone and the required preventive measures. The court noted that the state had not provided sufficient evidence that the applicant’s health would be at significant risk if he were to join the police force.

Legal Background

According to the nordrhein-westfälische Laufbahnverordnung der Polizei (LVOPol), applicants for the police force must be suitable and capable of performing police duties. The state’s decision to reject the applicant was based on its duty of care as an employer, but the OVG ruled that this decision was not justified.

The applicant had filed an interim application with the VG Aachen, which had ruled in his favor in March. The VG had stated that the police doctor had not adequately considered the applicant’s individual health situation and that there was no clear evidence of a significantly increased health risk.

A hiring timeline is not specified. The ruling reinforces the principle that an applicant’s health suitability must be assessed on an individual basis, taking into account the specific risks and circumstances.