DELHI HIGH COURT
RAJIV SAHAI ENDLAW, AMIT BANSAL
Ishwar Singh – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. petitioner's medical fitness assessment (Para 3 , 4) |
| 2. conditions for medical clearance in recruitment (Para 5 , 6 , 8) |
| 3. ex-servicemen's medical standards (Para 7 , 9 , 10) |
| 4. end of proceedings; dismissal of petition (Para 11 , 12) |
JUDGMENT
Rajiv Sahai Endlaw, J.
[VIA VIDEO CONFERENCING]
1. On 7th April, 2021, when this petition first came up before us, inter alia the following order was passed :
"3. The petition impugns the order dated 12th January, 2021 of Central Administrative Tribunal (CAT), Principal Bench, New Delhi of dismissal of OA No. 42/2021 preferred by the petitioner. The said OA was preferred, impugning the denial of selection as Sub Inspector (Direct Entry) in Central Armed Police Forces (CAPFs)/Delhi Police/Central Industrial Security Force (CISF), in the recruitment process held in the year 2018, on the ground of being medically unfit. According to the Medical Board as well as the Review Medical Board which examined the petitioner, the petitioner is a case of "old facture of shaft (Lt) femur with plates and screw in situ resulting in cortical expansion with scoliosis".
4. The only contention of the counsel for the petitioner is that since the
The court upheld that adherence to documented medical standards for recruitment is imperative, and rejection based on medical implants is justified, supporting the validity of Medical Board findings.
Service Law - Eligibility Criteria - Indian Army - All Ex-Servicemen are required to pass the written test and fulfil the physical standards prescribed for direct recruits for recruitment of Sub- Ins....
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 prerogative to determine medical fitness for recruitment lies with the authority, adhering to established medical guidelines, and private fitness evaluations cannot override official decisions.
Judicial review of medical fitness decisions requires deference to specialized medical assessments; courts cannot intervene without proper procedural adherence.
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