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MANMOHAN, NAVIN CHAWLA
Mandeep Kumar – Appellant
Versus
Union Of India – Respondent
JUDGMENT
Manmohan, J. - Present writ petition has been filed challenging the memorandum of unfitness dated 15th November, 2021 and the Review medical examination report dated 17th November, 2021 whereby the Petitioner has been declared medically unfit on account of Deviated Nasal Septum right side (DNS right side). Petitioner also seeks directions to the Respondents to recruit the Petitioner as head constable (ministerial) since he has been declared fit by the Medical Officer, Department of ENT, MA Civil Hospital, Hisar.
2. Learned counsel for the Petitioner states that the Petitioner applied for the post of Head Constable (Ministerial) in the Shashastra Seema Bal [SSB] on 04th September, 2018. He states that as part of the recruitment process, the Petitioner was called for detailed medical examination on 13th November, 2021.
3. He states that in the said medical examination, the Petitioner was given the impugned Memorandum of unfitness dated 15th November, 2021 by the Assistant Commandant (Med), Board -1, on the grounds of DNS right side and Dental Fluorosis and the Petitioner was referred for Review Medical Examination on the said two issues.
4. He states that the Petitioner underwe
The subsequent issuance of a fitness certificate did not negate the petitioner's medical unfitness at the time of examination.
The court upheld the validity of the medical authorities' decision declaring the petitioner unfit based on prior examinations, despite a later certificate of fitness post-surgery.
The court affirms the right to a fair medical evaluation and directs a fresh examination for the petitioner, emphasizing procedural fairness in administrative decisions.
Conflicting medical opinions can lead to the court directing a specific medical assessment to resolve the dispute.
The main legal point established in the judgment is the limitation of interference by the High Court in matters of medical fitness determined by the Medical Board and Review Medical Board, emphasizin....
The court affirmed the necessity of fair re-evaluation in recruitment processes when discrepancies in medical fitness findings arise.
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....
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.
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 finality of the R&R Hospital's report in determining the petitioner's fitness for duty.
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