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MANMOHAN, NAVIN CHAWLA
Sandeep – Appellant
Versus
Indo Tibetan Boarder Police Force – Respondent
JUDGMENT
Navin Chawla, J. - CM APPL. 42436/2021 (Exemption)
Allowed, subject to all just exceptions
Application stands disposed of.
WP(C) 13456/2021 & CM No.42435/2021
1. This petition has been filed by the petitioner challenging the report of the Review Medical Examination dated 15.09.2021 of the petitioner, declaring the petitioner unfit for appointment as Constable (Driver) with the Indo-Tibetan Border Police Force (hereinafter referred to as ITBP Force) due to defective vision of 6/12 (right eye) and 6/12 (left eye).
2. The petitioner further challenges the order dated 01.11.2021 passed by the respondent no.4 dismissing the petitioners representation against the decision of the Review Medical Board. The petitioner prays for a direction to the respondent to carry out a Review Medical Examination of the petitioner in any independent Medical Institution and if found fit, appoint the petitioner as a Constable (Driver) in the ITBP Force with all consequential benefits.
3. The learned counsel for the petitioner submits that the petitioner had applied for the post of Constable (Driver), under the Scheduled Caste category pursuant to the advertisement for recruitment issued by the ITBP Force
The opinion of the medical authorities of the Forces is crucial in determining the fitness of a candidate for recruitment.
Military medical assessments have precedence over private opinions in determining fitness for service, ensuring compliance with established operational standards.
The finality of recruitment procedures and the expertise of forces' doctors in assessing physical fitness for the demands of their duties.
Point of law: No good reason to discard joint opinion by three eye specialists merely because other eye-specialists on civilian side had given a different opinion to effect that there was no defect i....
Challenging medical board decisions requires substantial evidence of procedural errors; the standard for fitness must ensure rigorous and fair assessments.
The finality of the medical board's decision and the expertise of the board in assessing medical fitness for appointment in the forces.
Accurate assessment of medical fitness and the importance of colour perception for a driver in challenging terrains are crucial factors in determining eligibility for the position.
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