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IN THE HIGH COURT OF DELHI AT NEW DELHI
Sanjeev Sachdeva, Manoj Jain, JJ.
Gautam - Appellant
Versus
Union of India & Ors. - Respondents
W.P.(C) 10727 of 2023 & CM APPL. 41613 of 2023
Decided On : 05-10-2023
Colour Vision - Medical Examination - The court dismissed the petition seeking quashing of medical examination results declaring the petitioner unfit due to defective colour vision. The court upheld the opinion of the Research & Referral Hospital that the petitioner's colour vision was below the prescribed acceptable standard for the rank.
Fact of the Case:
The petitioner sought quashing of medical examination results declaring him unfit due to defective colour vision.
Finding of the Court:
The court dismissed the petition, upholding the opinion of the Research & Referral Hospital that the petitioner's colour vision was below the prescribed acceptable standard for the rank.
Issues: Petitioner declared unfit due to defective colour vision, seeking quashing of medical examination results.
Ratio Decidendi: The court relied on the opinion of the Research & Referral Hospital, which examined the petitioner and opined that his colour vision was below the prescribed acceptable standard for the rank.
Final Decision: The petition was dismissed, and the court upheld the opinion of the Research & Referral Hospital regarding the petitioner's colour vision.
JUDGMENT
Sanjeev Sachdeva, J. (Oral) - Petitioner seeks quashing of orders dated 20.07.2023 & 21.07.2023 i.e. result of Detailed Medical Examination and result of Review Medical Examination whereby the petitioner was declared unfit due to defective colour vision i.e. colour perception four (CP-IV).
2. By order dated 23.08.2023 of this Court, it was directed that a Medical Board be constituted to examine the petitioner at the Research & Referral Hospital for the Army at Delhi.
3. Learned counsel for respondents submits that petitioner was examined by the Research & Referral Hospital of the Army on 23.09.2023 and has been again declared unfit for the same reason i.e. colour vision (CP-IV).
4. Copy of the report has been shared over the email of the Court Master. Same is taken on record.
5. In view of the above, since the Research & Referral Hospital has also examined the petitioner and opined that petitioner suffers from defective colour vision and the standard is below the prescribed acceptable standard for the said rank, we are of the view that petition does not have any merit. Same is accordingly dismissed.
The finality of the medical board's decision and the expertise of the board in assessing medical fitness for appointment in the forces.
The court upheld the authority of the Medical Board's assessment over private medical opinions in determining fitness for CAPF recruitment, emphasizing the significance of expert judgment.
The opinion of the Medical Board after a fresh examination is final and not subject to challenge.
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.
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