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SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
Prince Sah – Appellant
Versus
Union of India – Respondent
JUDGMENT (Oral)
1. Vide the present petition, petitioner prays as under:
"(i) Issue a writ of certiorari quashing order/letter dated 31.01.2023 issued by the respondents;
(ii) Issue a writ of mandamus directing the respondents to appoint the petitioner to the post of Constable (Ward Boy) in Border Security Force with all consequential benefits and make payment of salary to the petitioner for the period the petitioner remained posted and worked in Border Security Force awaiting issuance of formal appointment order i.e. the period from 01.08.2022 to 01.02.2023."
2. Petitioner claims to have received appointment to the post of Constable (Ward Boy) for BSF pursuant to qualifying in a rigorous selection process. He was directed to appear before Composite Hospital, BSF Tekanpur, Gwalior on 01.08.2022 for medical examination vide letter dated 24.06.2022 issued by respondents. Petitioner claims to have accepted the aforesaid offer of appointment and reported for duty on 01.08.2022. Petitioner was selected, however, instead of assigning work to the petitioner as Constable (Ward Boy), he was deployed at the residence of Commandant, Composite Hospital, BSF Tekanpur for doing miscellaneous and
The need for a conclusive assessment of medical fitness in cases of appointment disputes.
The finality of the R&R Hospital's report in determining the petitioner's fitness for duty.
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....
Conflicting medical opinions can lead to the court directing a specific medical assessment to resolve the dispute.
The court has the authority to order a re-examination by an independent Medical Board and make decisions based on the findings of the re-examination.
The decision emphasized the authority of the Respondents to examine the suitability and eligibility of candidates for a position, particularly in terms of medical fitness.
The need for a conclusive medical assessment by a Medical Board to determine fitness for further selection process.
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....
A fresh medical examination must be conducted to ensure fair recruitment practices, with the decision of the new Medical Board being final and binding.
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