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SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
Gajendra Singh Shakya – Appellant
Versus
Union of India – Respondent
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 chron
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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