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IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Neena Bansal Krishna, JJ.
Gajendra Singh Shakya – Appellant
Versus
Union of India & Anr. – Respondents
W.P.(C) 7198 of 2023 and CM APPLs. 27998 of 2023 and 27999 of 2023
Decided On : 24-05-2023
Medical Examination - Border Security Force - The court directed the In-charge of the R&R Hospital to constitute a Medical Board and examine the petitioner within three weeks from today, in accordance with revised guidelines dated 20.05.2015. The report of R&R Hospital shall be final and binding, and if the petitioner is found to be medically fit, the respondents are directed to allow the petitioner to join further selection process.
Fact of the Case:
The petitioner filed a Writ Petition seeking to quash the Review Medical Examination and to be allowed to join the position of Constable (Tradesman) (Sweeper) (Male) in the BSF based on merit and medical fitness.
Finding of the Court:
The court directed the In-charge of the R&R Hospital to constitute a Medical Board and examine the petitioner within three weeks from today. If found medically fit, the petitioner should be allowed to join further selection process.
Issues: Review of Medical Examination, Petitioner's Fitness for Duty
Ratio Decidendi: The court emphasized the need for a fair and impartial medical examination in accordance with the revised guidelines, and the finality of the R&R Hospital's report in determining the petitioner's fitness for duty.
Final Decision: The present petition, along with pending applications, is disposed of accordingly.
JUDGMENT (Oral)
1. A Writ Petition under Article 226 of the Constitution of India has been filed by the petitioner seeking following reliefs:
a) To quash the Review Medical Examination pertaining to the petitioner as the same are not in consonance to guidelines issued by the respondent no. 1.
b) To allow the petitioner to join the position of Constable (Tradesman) (Sweeper) (Male) in the BSF on the basis of merit and medical fitness as the same is in consonance with the spirit of the Constitution of India.
c) To direct the respondent no. 2 to declare the petitioner medically fit in accordance with the guidelines issued by the respondent no. 1.
2. The petitioner qualified for the post of Constable (Tradesman) (Male) in Border Security Force for the year 2021-2022. The 1st Phase Examination i.e. PST/PET and Documentation was conducted on 13.09.2022 and the 2nd Phase Written Examination was conducted on 04.12.2022. The result of the Written Examination was declared on 10.04.2023 and the petitioner was successful in the same.
3. Thereafter, on 04.05.2023, the 3rd Phase Medical Examination was conducted and the petitioner was declared unfit on medical grounds i.e. hypertension and chronic dermatitis in both hands.
4. Thereafter, the petitioner, on recommendation of the respondent, got himself tested in V.M.M.C and Safdarjung Hospital Department of Dermatology and STD for Keratolysis exfoliative and was reported as physically fit for duty.
5. Since, there are different opinions of Review Medical Board and V.M.M.C and Safdarjung Hospital, therefore, in the interest of justice, we hereby direct the In-charge of the R&R Hospital to constitute a Medical Board and examine the petitioner within three weeks from today.
6. The R&R Hospital shall examine the petitioner in terms of revised guidelines dated 20.05.2015. As agreed by the learned counsel for the petitioner, on instructions, the Report of R&R Hospital shall be final and binding.
7. 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.
8. The present petition alongwith pending applications, if any, is disposed of accordingly.
The finality of the R&R Hospital's report in determining the petitioner's fitness for duty.
The need for a conclusive assessment of medical fitness in cases of appointment disputes.
Conflicting medical opinions can lead to the court directing a specific medical assessment to resolve the dispute.
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 specialized expertise of medical boards and the provisions of recruitment guidelines play a crucial role in determining fitness for recruitment based on medical conditions, and there is limited s....
The court affirmed the necessity of fair re-evaluation in recruitment processes when discrepancies in medical fitness findings arise.
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....
The court affirms the right to a fair medical evaluation and directs a fresh examination for the petitioner, emphasizing procedural fairness in administrative decisions.
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