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V. KAMESWAR RAO, SAURABH BANERJEE
Shailly Upadhyay – Appellant
Versus
Union of India – Respondent
JUDGMENT
Saurabh Banerjee, J. (Oral) - On 21.10.2023, a notification was issued by the respondents inviting applications from sports persons for the post of Constable (General Duty[Hereinafter referred to as `GD'.]) in Group-'C' non-gazetted (Non-Ministerial) in Sashastra Seema Bal[Hereinafter referred to as `SSB'.] , for which the petitioner applied.
2. On 30.12.2023, after initial documentation and other requisite tests, the petitioner passed the Physical Standard Test[Hereinafter referred to as `PST'.]. Later, on 02.01.2024, the petitioner underwent a Detailed Medical Examination (DME), memorandum qua which was passed on 03.01.2024, which revealed health issues, including perforation in the right ear, drooping left shoulder, malunited left clavicle shaft fracture, hallux valgus in both feet, and abnormal epidermal cells.
3. Thereafter, the petitioner underwent a Review Medical Examination on 04.01.2024 before the Review Medical Board[Hereinafter referred to as `RMB'.], which declared the petitioner unfit due to the malunited left clavicle shaft fracture with dropping of left shoulder on 10.01.2024.
4. Pursuant thereto, the petitioner visited Safdarjung Hospital, New Delhi, where a D
Where appointment order has been issued and the petitioner had accepted the same by reporting for duty, subsequent medical examination report cannot make the petitioner ineligible for appointment.
The court's limited grounds for judicial intervention in administrative decisions and the importance of relevant considerations in such decisions.
Candidates must exhaust all available remedies within the recruitment process before seeking judicial intervention, and the findings of Medical Boards in recruitment processes are generally upheld un....
The right to employment is a constitutional guarantee that must be upheld, ensuring candidates are treated fairly in recruitment processes.
The finality of the R&R Hospital's report in determining the petitioner's fitness for duty.
The opinion of a competent Medical Board is crucial in determining the fitness of a candidate for appointment to a post, and the appointing authority ought to reconsider its earlier decision in light....
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