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BATTU DEVANAND
S. Yugandhar, V. S. P. Dist – Appellant
Versus
Medical Board, Sr. Medical Officer, Hyd – Respondent
ORDER :
1. This writ petition has been filed to declare the action of the respondents in not appointing the petitioner as Constable by declaring the proceedings of the 1st respondent, dated 28.01.2014 and proceedings of the 2nd respondent, dated 22.03.2014, as illegal, arbitrary and void and for consequential direction to the respondents to reexamine the claim of the petitioner by taking into consideration the Medical examination test conducted by Civil Assistant Surgeon and C.M.O., King George Hospital, Visakhapatnam, dated 30.01.2014 and also the case of the similarly situated persons like the petitioner, who are appointed as Constables and appoint the petitioner as Constable, with all consequential benefits.
2. The case of the petitioner is that the petitioner applied for the post of Constable (GD) in CAPFs & RILEMAN (GD) in Assam Rifles, 2013, conducted by Staff Selection Commission with Roll No.80007500323 under OBC category and successfully appeared in written examination on 12.05.2013. The respondents have also conducted Physical Efficiency Test (PET) and Physical Standard Test (PST) for Constable (GD) in CAPFs for the year 2013-14 and he qualified in all required tests like W
The opinion of a competent Medical Board is crucial in determining the fitness of a candidate for appointment to a post, and the appointing authority ought to reconsider its earlier decision in light....
The court ruled that once the petitioner was declared fit for recruitment, he should be considered for appointment to the post of Constable (GD).
Candidates must exhaust all available remedies within the recruitment process before seeking judicial intervention, and the findings of Medical Boards in recruitment processes are generally upheld un....
The decision emphasized the authority of the Respondents to examine the suitability and eligibility of candidates for a position, particularly in terms of medical fitness.
The court upheld the principle of fair assessment by directing an independent medical board to evaluate the petitioner's fitness, reinforcing the right to equality and fair treatment in employment pr....
Where appointment order has been issued and the petitioner had accepted the same by reporting for duty, subsequent medical examination report cannot make the petitioner ineligible for appointment.
The specialized expertise of medical boards and the provisions of recruitment guidelines play a crucial role in determining fitness for recruitment based on medical conditions, and there is limited s....
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