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SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
Chetan – Appellant
Versus
Union of India – Respondent
JUDGMENT (Oral)
1. Vide the present petition, the petitioner is seeking following reliefs:
"a.) Pass an order quashing the medical examination report dated 10.03.2023 conducted by the Medical Examination Board of the BSF;
b.) Issue a writ of mandamus or any other appropriate writ, order or directions to Respondents to conduct the fresh medical examination of the petitioner by an Independent medical examination Board preferably by AIIMS or any other Government Hospital in Delhi."
2. The petitioner, after qualifying Preliminary Screening Test (PST), Physical Efficiency Test (PET), and Document Verification (DV) at final stage, appeared before the Detailed Medical Board and the Review Medical Board on 10.03.2023, wherein he was declared 'unfit' for the following reasons:
(i) Right arm elbow carrying angle 250,
(ii) Fixed flexion deformity on right little finger present with restricted movement at DIF Joint.
3. Being aggrieved by the findings of the Detailed Medical Board as well as the Review Medical Board, the petitioner on his own got himself examined at 'Swarn Jayanti Samudaik Hospital, Raunchi Bangar, Baad, District-Mathura, Uttar Pradesh on 13.03.2023, and thereafter, on 14.03.
The report of the specified hospital's medical examination shall be final and binding upon the parties, and the petitioner's appointment and adjustment will be based on the examination outcome.
The court directed a fresh Medical Board to re-examine the petitioner, asserting that its decision would be final and binding, reaffirming the importance of procedural fairness in recruitment health ....
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.
A fresh medical examination must be conducted to ensure fair recruitment practices, with the decision of the new Medical Board being final and binding.
The finality of the R&R Hospital's report in determining the petitioner's fitness for duty.
The court mandates a fresh medical assessment for a candidate deemed unfit, affirming the importance of ensuring fairness in recruitment processes.
Fresh independent medical exam ordered when initial and review by same hospital yield conflicting govt hospital opinion.
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