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IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Gaurang Kanth, JJ.
Kamal Singh Bisht – Appellant
Versus
Union of India & Ors. – Respondents
W.P.(C) 4789 of 2023
Decided On : 17-04-2023
Medical Examination - Writ Petition - The court directed the In-charge of the Army Hospital to constitute a Medical Board and examine the petitioner, with the report being final and binding. If found fit, the petitioner should be allowed to join further selection process with seniority from his batch.
Fact of the Case:
The petitioner filed a Writ Petition seeking to quash the decision of a review medical examination board and to direct the constitution of an independent medical board for re-examination.
Finding of the Court:
The court directed the In-charge of the Army Hospital to constitute a Medical Board and examine the petitioner. If found fit, the petitioner should be allowed to join further selection process with seniority from his batch.
Issues: Quashing of medical examination decision, constitution of independent medical board, and consideration for appointment on compassionate grounds.
Ratio Decidendi: The court emphasized the need for a fair medical examination and directed the constitution of a Medical Board at the Army Hospital, with the report being final and binding.
Final Decision: The petition was disposed of with the direction for the constitution of a Medical Board at the Army Hospital to examine the petitioner, and if found fit, to allow the petitioner to join further selection process with seniority from his batch.
JUDGMENT (Oral)
CM APPL. 18498/2023 (Seeking exemption)
1. Allowed, subject to just exceptions.
2. The application is disposed of.
W.P.(C) 4789/2023 & CM APPL. 18497/2023
3. A Writ Petition under Article 226/227 of Constitution of India has been filed by the petitioner seeking following reliefs:
"It is therefore, most respectfully prayed that in the light of above facts and circumstances, your Lordship may kindly be pleased to quash the decision of review medical examination board dated 17-02-2023 constituted by Deputy Inspector General of Police, C.R.P.F. Nainital, and to issue for a direction for the Constitution of an Independent medical Board at the Army Hospital, (R & R) Delhi Cantt. Or any other Govt. Hospital to re-examine the petitioner and if the petitioner is found fit to consider his appointment to the post of Head Constable (Ministerial) in CRPF and to declare the action of the respondents declaring the petitioner as found unfit for the lack of Hemoglobin in view of the medical test reports given to the petitioner by the various hospitals/institutions and Path Labs Stipulating the high level of the Hemoglobin.
Or any other Appropriate Writ(s), Order(s) and/or Direction(s) thereby directing the respondents to consider the claim for appointment of the petitioner on the compassionate ground, in the interest of justice.
Any other relief which this Hon'ble Court of Justice may deem, fit and proper may also be granted in favour of the petitioner, in the interest of justice."
4. We hereby dispose of the present petition directing the In-charge of the Army Hospital, (R & R), Delhi Cantt. to constitute a Medical Board and examine the petitioner. As agreed by the petitioner, the Report of the Army Hospital, (R & R), Delhi Cantt. shall be final and binding.
5. We hereby make it clear that if the petitioner is found to be medically fit, the respondents are directed to allow the petitioner to join further selection process and if selected finally, his seniority shall be reckoned from his batch with all consequential benefits.
6. The petition alongwith pending applications is disposed of accordingly.
Fair medical examination and the constitution of a Medical Board for re-examination.
The finality of the R&R Hospital's report in determining the petitioner's fitness for duty.
The court reinforced that it cannot overturn medical opinions in recruitment processes and allowed for further representation for reconsideration before the Review Medical Board.
The main legal point established in the judgment is the limitation of interference by the High Court in matters of medical fitness determined by the Medical Board and Review Medical Board, emphasizin....
The court affirmed that the assessment of fitness by a Medical Board is an expert determination, and interference in such matters should be approached with caution.
A court exercising jurisdiction under Article 226 cannot interfere with medical opinions rendered by competent authorities unless there is a gross error or illegality in their assessment.
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.
The court cannot substitute its view for medical determinations made by competent boards, emphasizing the importance of procedural compliance for reconsideration.
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