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DELHI HIGH COURT
RAJIV SAHAI ENDLAW, AMIT BANSAL
Pooja – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. details of petitioner's medical examination and appeals. (Para 1) |
| 2. petitioner's challenge to medical fitness results. (Para 2) |
| 3. arguments supporting petitioner's fitness. (Para 3) |
| 4. respondents' defense regarding medical guidelines. (Para 4) |
| 5. medical opinion justifying unfitness ruling. (Para 5) |
| 6. petitioner's contrary medical certificates. (Para 6) |
| 7. court's deference to employer's medical standards. (Para 7) |
| 8. court's dismissal of the petition. (Para 8) |
JUDGMENT
Amit Bansal, J. The petitioner applied for the post of Sub-Inspector in Delhi Police and Central Armed Police Forces (CAPFs) and Assistant Sub-Inspector in Central Industrial Security Force (CISF) in the examination conducted by respondent no. 3 Staff Selection Commission (SSC), notified on 3rd March, 2018. Upon qualifying the written examination in Paper I, the Physical Endurance/Standard Test (PET/PST) and the written examination in Paper II, the petitioner appeared in the Detailed Medical Examination (DME) held on 17th September, 2020. The petitioner was declared unfit vide the result/order dated 18th September, 2020 of the DME on account of "Surgeries of right breast (i) In 2007-Lymphangioma Circu
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 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.
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 court's limited grounds for judicial intervention in administrative decisions and the importance of relevant considerations in such decisions.
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.
The specialized expertise of medical boards and the provisions of recruitment guidelines play a crucial role in determining fitness for recruitment based on medical conditions, and there is limited s....
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