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SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
Gopesh Kumar Yadav – Appellant
Versus
Union of India – Respondent
JUDGMENT (oral)
1. Vide the present petition, petitioner prays as under:
a. To quash the findings of the Detailed Medical Examination and the Review Medical Examination in respect of the Petitioner for Direct Recruitment for the Post of Head Constable (Radio Operator) and Head Constable (Radio Mechanic) which declared the Petitioner unfit; and
b. To constitute an independent Medical Board consisting of doctors from the Army Hospital (R & R), New Delhi or any other Hospital to ascertain the medical condition of the Petitioner.
2. Case of the petitioner is that he applied for the examination for direct recruitment for the post of Head Constable (Radio Operator) and Head Constable (Radio Mechanic) issued by the Directorate General of the Border Security Force and qualified the written examination and thereby eligible to appear in the Physical Examination/DME. During Detailed Medical Examination, he was declared unfit on two counts viz.
(i) Abnormal Distant and Near Vision
(ii) Anal Fissure
3. Being aggrieved, the petitioner applied for Review Medical Examination and as per the result of RME on 27.02.2023, he was found medically unfit but only on the ground of defective distant vision.
In cases of conflicting medical opinions, the court may direct the constitution of a Medical Board to assess the petitioner's medical condition, with the board's report being final and binding if the....
The need for a conclusive medical assessment by a Medical Board to determine fitness for further selection process.
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Conflicting medical opinions can lead to the court directing a specific medical assessment to resolve the dispute.
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Employment and Service matter - Recruitment process of CAPFs and Assam Rifles - As per employment advertisement published in Employment News/ Rozgar Samachar notice thereof relates to review medical ....
The decisions of a Review Medical Board in recruitment processes are final and can only be challenged under exceptional circumstances, such as procedural violations or malafides.
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