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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
NYAPATHY VIJAY
Mabagapu Jagadeeshwara Rao, S/o. Mabagapu Harinadhaswamy – Appellant
Versus
Union Of India, Ministry Of Power, Rep By Its Secretary, Government Of India – Respondent
| Table of Content |
|---|
| 1. legal challenge over medical fitness assessment. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. respondents assert jurisdictional and health standard requirements. (Para 8 , 9 , 10 , 11) |
| 3. counsel arguments on medical opinions. (Para 13 , 14) |
| 4. court's examination of jurisdictional and health fitness exclusions. (Para 15 , 16 , 17 , 18) |
| 5. dispute over medical opinions and job requirements. (Para 19 , 20 , 21 , 22) |
| 6. court's directives for further medical evaluation. (Para 23 , 24) |
ORDER :
1. The present Writ Petition is filed to declare the action of the Respondents in denying the appointment of the Petitioner to the post of Deputy General Manager (E-7 Level) in the functions of Company Secretary on medical grounds vide e-mail communication dated 08.08.2024, as illegal and arbitrary.
2. An Advertisement No.07 of 2023 dated 03.05.2023 was issued by the Respondents inviting applications for appointment to the post of Deputy General Manager (E-7 Level) in Respondent-Corporation. The qualification for the said post is that the individual should be a member of ICSI (Institute of Company Secretaries of India). The Petitioner had applied for the said post and was informed to have been
The nature of the job must inform medical fitness assessments; jurisdiction clauses limiting dispute resolution may deny access to remedies.
The requirement of BMI for employment is rational and within the employer's discretion, not arbitrary or discriminatory.
The central legal point established is the entitlement of a land oustee to suitable employment, the requirement for proper medical documentation, and the right to access medical reports under the RTI....
Medical board assessments for fitness in promotions are authoritative and should adhere to the prescribed medical guidelines, with LDCE standards treated similarly to direct recruitment criteria.
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