Back
V. KAMESWAR RAO, SAURABH BANERJEE
Naveen Nirwan – Appellant
Versus
Union of India – Respondent
JUDGMENT
Saurabh Banerjee, J. (Oral)
1. On 20.07.2020, the respondent no.2 issued an advertisement notice for Paramedical Staff Exam 2020, under which the petitioner applied for the position of Head Constable Junior X-ray Assistant under Other Backward Classes category.
2. Subsequently, on 19.12.2020, the petitioner first cleared Physical Standard Test/Skill Test and Trade Test and then on 02.06.2023 completed a computer-based test as well. Advancing in the recruitment process, on 22.02.2024, the petitioner, after clearing the Skill Test/DV/Detailed Medical Examination and Review Medical Examination [Hereinafter referred to as `RME'], was shortlisted for medical examination. However, on 28.02.2024, the respondents declared him `Unfit' solely due to his having `Hypospadias'.
3. Hence, the petitioner, vide the present petition under Article 226 of The Constitution of India, seeks quashing of the impugned medical report dated 28.02.2024 and direction to the respondents to appoint him to the post of Head Constable Junior X-ray Assistant as also to give him all consequential benefits upon such appointment including seniority, arrears of pay and allowances, future promotion etc.
4. As per the
The court's limited grounds for judicial intervention in administrative decisions and the importance of relevant considerations in such decisions.
The decision of the medical experts and the provisions of the Medical Manual prevail in determining fitness for employment, and challenges to the medical requirements are not sustainable.
The main legal point established in the judgment is the limitation of interference by the High Court in matters of medical fitness determined by the Medical Board and Review Medical Board, emphasizin....
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 prerogative to determine medical fitness for recruitment lies with the authority, adhering to established medical guidelines, and private fitness evaluations cannot override official decisions.
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
