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IN THE HIGH COURT OF DELHI AT NEW DELHI
Sanjeev Sachdeva, Manoj Jain, JJ.
Pradeep - Appellant
Versus
Union of India And Others - Respondent
W.P.(C) 10552 of 2021 & CM APPL. 32536 of 2021 & CM APPL. 23713 of 2023
Decided On : 06-11-2023
Varicose Vein - Medical Unfitness - The court upheld the decision of the Recruitment Medical Board declaring the petitioner medically unfit due to Varicose Vein, despite the petitioner's reliance on a previous medical examination report and a direction for independent examination by the court.
Fact of the Case:
The petitioner challenged the order declaring him medically unfit due to Varicose Vein, despite a previous medical examination report declaring him fit and a direction for independent examination by the court.
Finding of the Court:
The court found no error in the decision of the Recruitment Medical Board and the subsequent Medical Board appointed by the RR Hospital, upholding the petitioner's medical unfitness for recruitment purposes.
Issues: The issue revolved around the petitioner's medical fitness for recruitment, particularly in relation to the diagnosis of Varicose Vein and the conflicting medical examination reports.
Ratio Decidendi: The court relied on the findings of the Recruitment Medical Board and the subsequent Medical Board appointed by the RR Hospital, emphasizing the finality of the medical reports in determining the petitioner's medical fitness.
Final Decision: The petition was dismissed, and the court upheld the decision declaring the petitioner medically unfit for recruitment purposes.
JUDGMENT
Sanjeev Sachdeva, J. (Oral)
1. Petitioner impugns order dated 30.06.2021 whereby petitioner has been declared medically unfit by the Recruitment Medical Board on the ground that petitioner suffers from Varicose Vein.
2. Petitioner has relied on Medical Examination Report dated 08.02.2020 whereby petitioner was declared medically fit and thereafter offered appointment letter on 20.02.2021.
3. One of the conditions of the appointment letter dated 20.02.2021 was that in case the petitioner was declared fit by the Medical Board which had been held more than a year earlier petitioner would have to undergo fresh medical examination. Since petitioner had been declared medically fit on 08.02.2020 and the offer of appointment was made on 20.02.2021, petitioner was required to undergo a recruitment medical examination.
4. The Recruitment Medical Examination Board found petitioner unfit due to post operative case of Varicose Vein.
5. Petitioner impugned the said finding in this petition. By order dated 09.05.2023, this Court directed that petitioner be medically examined in an independent hospital i.e. Research & Referral Hospital of the Army. It was directed that the examination of the petitioner be carried out in terms of the guidelines for recruitment medical examination in Central Armed Police Forces and Assam Rifles as of May, 2015. The order further directed that the report of the RR Hospital shall be final and binding on the parties.
6. Petitioner was examined at Research & Referral Hospital by a Medical Board on 05.06.2023 presided over by a Senior Surgeon of the rank of Colonel.
7. The Medical Board has opined that the petitioner is medically unfit for the referred disability.
8. Since the Recruitment Medical Board had found the petitioner unfit for service which finding has been confirmed by a Medical Board constituted by the RR Hospital appointed under orders of the Court, we find no error having been committed by the respondent in declaring the petitioner medically unfit for the purposes of recruitment.
9. In view of the above, we find no merit in the petition. The petition is consequently dismissed.
The finality of medical examination reports in determining an individual's medical fitness for recruitment purposes.
The court's decision was based on the petitioner being declared medically fit upon re-examination and the directive to the Staff Selection Commission to expedite the recruitment process.
The standard of physical fitness for Armed Forces and Police Forces is more stringent than for civilian employment. It was held that it is doctors of Forces who are well aware of demands of duties an....
The court affirmed that the assessment of fitness by a Medical Board is an expert determination, and interference in such matters should be approached with caution.
The court reaffirmed that medical fitness evaluations for recruitment are primarily within the discretion of designated medical boards, barring demonstrable errors in decision-making processes.
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 court upheld the fitness standards for armed forces, affirming that Varicose Veins constitute legitimate grounds for candidate disqualification.
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