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IN THE HIGH COURT OF JUDICATURE AT PATNA
G.ANUPAMA CHAKRAVARTHY
Shashi Bhushan Singh, Son Of Anil Kumar Singh – Appellant
Versus
Union Of India, through the Director General, Central Industrial Security Force – Respondent
JUDGMENT :
G. ANUPAMA CHAKRAVARTHY, J.
1. The present Writ petition is filed for the following reliefs:
a) For issuance of writ in the nature of mandamus directing / commanding the respondent concerned to issue offer of appointment letter to the petitioner and appoint him on the post of Constable /Fire in CISF under Employment no. 32023/Constable / Fire Recruitment-2012 Eastern Sector, CISF for which the petitioner selected in Physical test, written test and medical test and finally fit for the said post vide medical fitness certificate dated 11.5.2013 and rectified the error dated 4.7.2013 as contained in Annexure 2(series) and 4(series) to this writ application.
b) For directing /commanding the respondent concerned to consider sympathetically and according to merit the candidature of the petitioner for which the petitioner is entitled to in accordance with law because the matter relates to the life and career of the petitioner. If the candidature of the petitioner may not be considered, then the petitioner will suffers a lot and deprive from his Future career.
c) For any other relief/reliefs for which the petitioner is entitled to in accordance with law.
2. The brief facts, as culled o
A candidate declared unfit in a medical examination for recruitment does not hold grounds to contest employment selection results, especially when approached belatedly after vacancies are filled.
Conflicting medical opinions can lead to the court directing a specific medical assessment to resolve the dispute.
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 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).
The need for a conclusive assessment of medical fitness in cases of appointment disputes.
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....
Technicalities can never mar the substantive right of the parties, if there is a specific mention and reference of the reflection of the registration of the certificate of medical practitioner, who h....
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