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G. NARENDAR, NYAPATHY VIJAY
Medical Board – Appellant
Versus
Yugandhar – Respondent
JUDGMENT
G.NARENDAR, J. - Heard Sri C.V.R. Rudra Prasad, learned Central Government Counsel, for the appellants and Sri M. Kesava Rao, learned counsel for the respondent/writ petitioner.
2. The appellants herein are (1) the Medical Board (Staff Selection Commission) rep. by its Senior Medical Officer; (2) the Deputy Inspector General - Appellate Authority; and (3) the Staff Selection Commission, rep. by its Regional Director (SR).
3. This intra-Court Appeal is directed against the order of the learned Single Judge, dtd. 18/10/2022, rendered in W.P. No.12228 of 2014, whereby the learned Single Judge was pleased to issue the following directions on the writ petition of the respondent herein.
"19. Accordingly, the Writ Petition is allowed with the following directions:
(i) The proceedings dtd. 28/1/2014 of the respondent No.1 and the proceedings, dtd. 22/3/2014 of the respondent No.2 are hereby set aside; and
(ii) The respondents are directed to reconsider the claim of the petitioner by taking into consideration the opinion of the Medical Board, N.I.M.S., Hyderabad, dtd. 11/4/2022, for appointment of the petitioner as Constable within a period of four (04) weeks from the date of receip
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 right to employment is a constitutional guarantee that must be upheld, ensuring candidates are treated fairly in recruitment processes.
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.
A court exercising jurisdiction under Article 226 cannot interfere with medical opinions rendered by competent authorities unless there is a gross error or illegality in their assessment.
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