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SANJEEV SACHDEVA, MANOJ JAIN
Yogesh – Appellant
Versus
Union of India – Respondent
JUDGMENT
Sanjeev Sachdeva, J. (Oral)
1. Petitioner impugns the decision of the respondent in declaring the petitioner medically unfit.
2. Petitioner had applied pursuant to a notification issued by the respondent for recruitment to post of Navik (D), Navik (Domestic Branch) and Yantrik in the Indian Coast Guard.
3. Petitioner appeared for the Coast Guard Navik (Domestic Branch) stage I and stage II examinations and cleared the same. Petitioner was thereafter called for stage III (induction programme) which inter alia includes medical examination.
4. The subject notification for stage II stipulates conduct of Initial Medical Examination (Provisionally Pass or Fail). The initial medical examination is conducted at the place of recruitment and is valid for a period of six months and candidates are required to undergo another initial medical examination if the recruitment process is delayed due to any unforeseen event.
5. Petitioner was initially subjected to primary medical examination as part of the stage II process and was declared temporarily unfit for "DNS Left".
6. On 11.01.2023, petitioner filed a review and the Medical Review Board certified the petitioner as medically fit
The final medical examination at INS Chilka shall override the initial medical examination conducted at the place of recruitment, and the court does not substitute its view for the opinion of medical....
The absence of clear guidelines indicating the refusal of a person to be examined by an Appeal Medical Board after being declared medically unfit by a specialist in a Review Medical Board.
The determination of medical fitness for military recruitment should be upheld unless substantial evidence of error or mala fides is presented against the medical boards' findings.
The judgment established the principle that the armed forces' doctors are the ultimate authority in assessing candidates' medical fitness for armed forces recruitment, and their findings should not b....
The opinion of the medical experts of the appointing authority shall prevail, and the parameters of fitness and required standards for appointment in the Indian Navy cannot be judicially reviewed.
Medical Board decisions on fitness for military service are final, and significant delays in challenging such decisions can result in the dismissal of petitions for relief.
The central legal point established in the judgment is the importance of adhering to the opinions of the Armed Forces/Navy specialists in matters of medical fitness for recruitment, particularly in t....
The finality of medical examination reports in determining an individual's medical fitness for recruitment purposes.
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