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RAJIV SAHAI ENDLAW, AMIT BANSAL
Pooja – Appellant
Versus
Union Of India – Respondent
JUDGMENT
Amit Bansal, J. - The petitioner applied for the post of Sub-Inspector in Delhi Police and Central Armed Police Forces (CAPFs) and Assistant Sub-Inspector in Central Industrial Security Force (CISF) in the examination conducted by respondent no. 3 Staff Selection Commission (SSC), notified on 3rd March, 2018. Upon qualifying the written examination in Paper I, the Physical Endurance/Standard Test (PET/PST) and the written examination in Paper II, the petitioner appeared in the Detailed Medical Examination (DME) held on 17th September, 2020. The petitioner was declared unfit vide the result/order dated 18th September, 2020 of the DME on account of "Surgeries of right breast (i) In 2007- Lymphangioma Circumscriptum (No documents available) (ii) In 2019- Breast Reconstruction at Artemis Hospital, Gurgaon (2017). Re-evaluation of patient." She preferred an appeal against the above findings before the Review Medical Board (RMB), which on 3rd December, 2020 declared her unfit on account of having been "Operated for Breast Reconstruction in 2019 with Silicone Implant".
2. The present petition under Articles 226 and 227 of the Constitution of India has been filed impugning the resul
The decision of the medical experts and the provisions of the Medical Manual prevail in determining fitness for employment, and challenges to the medical requirements are not sustainable.
The prerogative to determine medical fitness for recruitment lies with the authority, adhering to established medical guidelines, and private fitness evaluations cannot override official decisions.
The court's limited grounds for judicial intervention in administrative decisions and the importance of relevant considerations in such decisions.
Service Law - Eligibility Criteria - Indian Army - All Ex-Servicemen are required to pass the written test and fulfil the physical standards prescribed for direct recruits for recruitment of Sub- Ins....
The specialized expertise of medical boards and the provisions of recruitment guidelines play a crucial role in determining fitness for recruitment based on medical conditions, and there is limited s....
The court held that military medical standards prevail, and unanimous medical findings render external opinions irrelevant regarding an applicant's fitness for service.
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.
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