MANMOHAN, NAVIN CHAWLA
Sunny – Appellant
Versus
Union Of India – Respondent
JUDGMENT
Navin Chawla, J. - The present petition has been filed seeking a direction to the respondents to conduct medical re-examination of the petitioner on account of the petitioner having been found 'fit' for appointment by three reputed hospitals and if found fit, consider the case of the petitioner for appointment to the post of constable/driver in the Indo Tibetan Border Police Force (in short, 'ITBP').
2. It is the case of the petitioner that pursuant to the advertisement No. 02/2018 for the post of Constable (Driver) in the ITBP, the petitioner filled out the online application against said vacancy. For the purpose of appointment, the petitioner appeared for the Written Test as well as the Documentation & Practical (Skill) Test and cleared both stages. Upon clearing these stages of the recruitment process, the petitioner was shortlisted and deputed for a Detailed Medical Examination (in short, 'DME').
3. at the DME conducted on 14.09.2021 at Referral Hospital, Greater Noida, Uttar Pradesh, the petitioner was declared to be medically unfit on the ground of 'defective distant vision rt eye 6/12, lt eye 6/9'. aggrieved by the result of the DME, the petitioner applied for his Rev
The opinion of the medical authorities of the Forces is crucial in determining the fitness of a candidate for recruitment.
The finality of medical reports and the stringent standards for physical fitness in armed forces and police forces.
The court emphasized the stringent standards of physical fitness for the armed forces and police forces, and the finality of the recruitment procedure in the absence of exceptional circumstances warr....
Military medical assessments have precedence over private opinions in determining fitness for service, ensuring compliance with established operational standards.
Discrepancies in medical reports are not grounds to overturn specialist evaluations in recruitment processes; standard fitness criteria for armed services are stricter than for civilian roles.
Medical examination standards for recruitment in police forces are stricter than civilian roles, and the findings of specialist medical boards must be upheld unless glaring inconsistencies are presen....
The court held that military medical standards prevail, and unanimous medical findings render external opinions irrelevant regarding an applicant's fitness for service.
The court affirmed the necessity of fair re-evaluation in recruitment processes when discrepancies in medical fitness findings arise.
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....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.