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IN THE HIGH COURT OF DELHI AT NEW DELHI
Sanjeev Sachdeva, Manoj Jain, JJ.
Chhotu Ram - Appellant
Versus
Union of India & Anr. - Respondents
W.P.(C) 9583 of 2023 & CM APPL. 36669 of 2023
Decided On : 08-11-2023
Medical Fitness - Petitioner's Impugnment of Medical Examination Result - The court declared the petitioner as medically fit for recruitment to the post of Sub Inspector in the Delhi Police and Central Armed Police Forces Examination, 2022.
Fact of the Case:
The petitioner challenged the result of the medical examination and was later re-examined and declared medically fit.
Finding of the Court:
The court declared the petitioner as medically fit for recruitment and directed the Staff Selection Commission to take appropriate steps for the petitioner's recruitment within four weeks.
Issues: Impugnment of medical examination result, petitioner's medical fitness for recruitment.
Ratio Decidendi: The court's decision was influenced by the petitioner being declared medically fit upon re-examination and the directive to the Staff Selection Commission to expedite the recruitment process.
Final Decision: The petition was disposed of, and the petitioner was declared medically fit for recruitment to the specified posts.
JUDGMENT
Sanjeev Sachdeva, J. (Oral) - Petitioner impugns the result of the detailed medical examination held on 20.06.2023 as also the Review Medical Examination held on 21.06.2023 whereby petitioner was declared unfit. By order dated 26.07.2023, petitioner was directed to be re-examined at Army Research & Referral Hospital, Subroto Park.
2. Petitioner was re-examined and declared to be medically fit. Thereafter on 11.10.2023, learned counsel appearing for the respondents has informed that BSF has forwarded the case of the petitioner to the Staff Selection Commission for appropriate action.
3. Learned counsel for the respondents submits that the final action needs to be taken by the Staff Selection Commission (respondent No.2 herein).
4. In view of the above, this petition is disposed of declaring the petitioner as medically fit for the purposes of recruitment to the post of Sub Inspector in the Delhi Police and Central Armed Police Forces Examination, 2022.
5. Respondent inter alia the Staff Selection Commission (respondent No.2 herein) is accordingly directed to take appropriate steps for recruitment of the petitioner in accordance with law as expeditiously as possible preferably with a period of four weeks from today.
6. Petition is, accordingly, disposed of.
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 finality of medical examination reports in determining an individual's medical fitness for recruitment purposes.
The court affirmed the necessity of fair re-evaluation in recruitment processes when discrepancies in medical fitness findings arise.
The court ruled that once the petitioner was declared fit for recruitment, he should be considered for appointment to the post of Constable (GD).
Conflicting medical fitness opinions from government hospitals entitle merit-selected candidate to fresh independent re-examination, despite initial and review unfitness, without impugning medical bo....
Conflicting medical opinions from review board at same hospital (within days) and subsequent independent government hospital warrant fresh medical examination by different board for fairness to provi....
A candidate declared unfit in a medical examination for recruitment does not hold grounds to contest employment selection results, especially when approached belatedly after vacancies are filled.
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