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SANJEEV SACHDEVA, MANOJ JAIN
Biswa Bhusan Rout. – Appellant
Versus
Union of India – Respondent
JUDGMENT
Sanjeev Sachdeva, J. (Oral)--Petitioner seeks setting aside of the Detailed Medical Examination Report dated 05.06.2023 and Review Medical Examination Report dated 08.06.2023 to the extent these declare the petitioner unfit. Petitioner further seeks a direction to the respondents to allow petitioner to undergo LASIK surgery for correction of the visual acuity.
2. Petitioner had joined CRPF as Sub-Inspector in the year 2011 and earned his promotion to the post of Inspector in the year 2021.
3. Respondents issued an advertisement for selection to the post of Assistant Commandant (GD) in CAPF through Limited Departmental Competitive Examination.
4. Petitioner applied for the same. In his medical, he was declared unfit. The Detailed Medical Examination declared him unfit on the ground of "Refractive Error beyond Permissible Limit". The Review Medical Examination also recorded the petitioner as unfit on the same ground and reported as DVA 2/60 (RE), 2/60 (LE) unaided and 6/60 (-4.50 DSPH) & 6/60 (-4.50 DSPH).
5. Dr. Vivek Srivastava, one of the doctors who had conducted the Review Medical Examination, was asked to be connected and he was connected through video-conferencing
The court emphasized the importance of adhering to the prescribed medical standards for recruitment and the limitations on deferring the recruitment process.
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The court affirmed the necessity of fair re-evaluation in recruitment processes when discrepancies in medical fitness findings arise.
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....
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.
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