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MANMOHAN, NAVIN CHAWLA
Khushwant Jangra – Appellant
Versus
Union Of India – Respondent
JUDGMENT
Manmohan, J. (Oral). - Present writ petitions have been filed seeking directions to the Respondents to re-examine and re-conduct medical test of the Petitioners under supervision of an independent Medical Board having independent doctor or re-examine the Petitioners at R & R Hospital, New Delhi or AIIMS, New Delhi.
2. Learned counsel for the Petitioners states that the Petitioners had earlier preferred writ petitions challenging the arbitrary act of Respondents in conducting the Appeal Medical Board and this Court vide order dated 1st September, 2021 had disposed of the petitions with a direction to the Respondents to conduct a fresh medical examination by the Review Medical Board.
3. He states that the Petitioners duly appeared before Review Medical Board on 17th September 2021 where the attitude of the Respondents was hostile towards the Petitioners. He states that the Petitioners were then referred to AFCME where they were made to sit in a chilled air conditioned room from 10.00 am to 12.30 pm and thereafter immediately their BP and ECG were recorded. He states that low temperature results in increase of blood pressure and the Respondents knowingly adopted the said procedu
The court examines the decision-making process and not the decision itself in matters of medical examination and found no further interference was called for in writ jurisdiction.
The Court emphasizes the evaluation of the decision-making process over the decision itself in administrative matters, confirming the adequacy of the medical re-examinations conducted.
The court evaluates the decision-making process, affirming that procedural fairness is paramount, while unsupported allegations of bias do not merit overturning of a medical assessment.
The court emphasized the need for a fair and thorough medical evaluation process for candidates applying for the post of Airmen in the Indian Air Force.
The court affirmed the necessity of conducting fair and thorough medical evaluations, rejecting arbitrary decisions in fitness assessments.
Non-compliance with guidelines for review in medical examination led to the rejection of the petitioner on the ground of hypertension without proper examination and hospitalization, resulting in the ....
The requirement for hospitalization before giving a final opinion on a candidate's fitness as per the revised guidelines.
Medical examination by the Medical Board consisting of medical experts under Rule 15(g) cannot be said to be inferior to the physical standard test conducted by a team of non-experts.
Failure to follow guidelines for medical examination can lead to the setting aside of findings and the direction to constitute a fresh Review Medical Board.
Non-compliance with medical examination guidelines renders the opinion of the Review Medical Board unacceptable.
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