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SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
Manish Singh – Appellant
Versus
Union of India – Respondent
JUDGMENT (Oral)
1. Vide the present petition, petitioner prays as under:
a) Issue a Writ, Order or Direction in the nature of Certiorari thereby Quashing 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) Issue a Writ, Order or Direction in the nature of mandamus directing Constitution of an independent Medical Board consisting of doctors from the Army Hospital (R & R), New Delhi or any other Hospital as this Hon'ble Court may deem fit to ascertain the medical condition of the Petitioner;
2. Case of the petitioner is that he applied for the examination for the Posts of Head Constable (Radio Operator) and Head Constable (Radio Mechanic) in the Border Security Force and qualified the phase I (Written Examination) and thereby eligible to appear in the phase II (Physical Endurance and Measurement Test). During Detailed Medical Examination, he was declared unfit on two counts viz.
(i) Knock Knee.
(ii) Abnormal Distant Vision.
3. Being aggrieved, petitioner applied for Review Med
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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The court upheld the principle of fair assessment by directing an independent medical board to evaluate the petitioner's fitness, reinforcing the right to equality and fair treatment in employment pr....
A fresh medical examination must be conducted to ensure fair recruitment practices, with the decision of the new Medical Board being final and binding.
Conflicting medical opinions can lead to the court directing a specific medical assessment to resolve the dispute.
The court affirmed the necessity of fair re-evaluation in recruitment processes when discrepancies in medical fitness findings arise.
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